39
daughter,162 and Jaime Alejandro Watt-Kawas, son.163 Therefore, considering the
circumstances of the instant case, in principle the Court presumes that the death of Blanca
Jeannette Kawas-Fernández adversely affected their mental and moral integrity. However,
given that the State, based on the findings of the Inter-American Commission in its Report
on the Merits,164 opposed any such ruling in relation to this alleged violation, the Court will
examine the evidence presented by the representatives. The Court notes that the State did
not challenge said evidence.
131. Based on the statements rendered during the course of these proceedings, it is clear
that Mr. Jacobo Kawas-Kury, father of Mrs. Blanca Jeannette Kawas-Fernández, was
significantly affected by her death. Mrs. Blanca Jeannette Kawas “was his right-hand
person; she took care of him and his ailment [and] managed his business.”165 Blanca
Jeannette Kawas and her father had a very close relationship; she even left the United
States of America to provide him with care.166 Mr. Jacobo Kawas-Kury passed away a few
months after the death of his daughter.167
132. Also, in relation to Blanca Jeannette Kawas-Fernández’s relationship with her mother,
Blanca Fernández, the record shows that the former traveled to the United States of
America along with her two children in order to take care of her mother, who was ill.168
Blanca Jeannette Kawas-Fernández subsequently returned to Honduras to take care of her
father, but maintained regular contact with her.169 Because of the facts of this case, Mrs.
Fernández suffered “due to the feelings of anger and impotence […] and cried inconsolably;
to this date her favorite topic of conversation is [her] daughter.”170
133. Furthermore, based on the record, Selsa Damaris Watt-Kawas and her mother, Mrs.
Blanca Jeannette Kawas-Fernández, had a very close relationship. Ms. Watt-Kawas stated
that her mother provided her with financial support for her studies in the United States of
America and that “when she [had] some free time she visited her [and] was inspired by her
environmental mission and vision.” She stated that she talked with her mother on the
telephone “a few days before she died.” Ms. Watt-Kawas “has suffered emotional [t]rauma
[as a result] of [her] mother’s violent death” and considers that it has caused “irreparable
162
Cf. Birth certificate of Selsa Damaris Watt-Kawas, supra note 148.
163
Cf. Birth certificate of Jaime Alejandro Watt-Kawas, supra note 147.
164
Cf. Report on Merits No. 63/06, supra note 2.
165
Cf. Statement rendered by Mr. Jacobo Kawas-Fernández before the Inter-American Court, supra note 25.
166
Cf. Statement rendered before a notary public (affidavit) by Mr. Jaime Alejandro Watt-Kawas on
November 4, 2008 (record on the Merits, volume II, folio 453).
167
Cf. Statement rendered by Mr. Jacobo Kawas-Fernández before the Inter-American Court, supra note 25,
and statement rendered before a notary public (affidavit) by Mr. Jorge Jesús Kawas-Fernández on October 30,
2008 (record on the Merits, volume II, folio 444).
168
Cf. statement rendered before a notary public (affidavit) by Mr. Jorge Jesús Kawas-Fernández on October
30, 2008 (record on the Merits, volume II, folio 443).
169
Cf. Statement rendered before a notary public (affidavit) by Mr. Jaime Alejandro Watt-Kawas on
November 4, 2008, supra note 166.
170
Cf. Statement rendered before a notary public (affidavit) by Mr. Jorge Jesús Kawas-Fernández on October
30, 2008, supra note 168.
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