160. The State indicated that, in the context of what happened on December 8, 1999, the
authorities acted in accordance with the principles of due diligence and humanity, since
immediately after the deployment of force, they requested assistance from nearby fishing
boats to properly transfer the injured to the nearest hospital. Due to the foregoing, added to
the fact that the state authorities undertook the necessary measures to repair the damage
caused, “there was no illicit international act regarding the alleged violation of Article 5 [of the
Convention] to the detriment of the next of kin of Luis Casierra.”
B. Considerations of the Court
161. The Court has affirmed, on repeated occasions, that the next of kin of the victims of
human rights violations can be, in turn, victims. In this regard, this Court has considered that
the right to mental and moral integrity of "direct family members" of victims and other persons
with close ties to such victims may be declared to have been violated, due to the additional
suffering to which they have been subjected as a result of the particular circumstances of the
violations perpetrated against their loved ones, and because of the subsequent actions or
omissions of the state authorities in response to these facts, 137 taking into account, among
others, the steps taken to obtain justice and the existence of a close family bond. 138
162. In the instant case, in his statement, provided as evidence in the procedure, Sebastián
Darlin Casierra Quiñonez said that the death of Luis Eduardo "greatly affected the life of [his]
family," and that "[e]veryone suffered greatly […], for [his] mother and [his] father, it was
irreversible.” He indicated that "it was not only the fact [of his brother's death] that caused
[them] great pain, but also the State's lack of response," since "so many years have passed
without justice." He added that what happened "changed [the] life [of the family] forever." 139
163. For his part, Jonny Jacinto Casierra Quiñonez stated that “the events […] [h]ave affected
him greatly,” and that his family “keeps his brother's memory alive.” He indicated that “it has
caused great pain for everyone” and that what happened “is something that they have not yet
been able to overcome.” He indicated that "[his] mother's health was greatly affected as a
result of the suffering." He also recounted that “[his] family experienced a turning point
following [the] […] event.”140 Likewise, Shirley Lourdes Quiñonez Bone indicated that “[her]
life changed forever after the loss of [her] brother,” which “[caused] great pain for the entire
family.” He added that “his absence affected them and the pain was greater because there is
no justice.”141
164. Lastly, Andrés Alejandro Casierra Quiñonez, when giving his statement, indicated that
the death of his brother Luis Eduardo meant “[a] very great loss for [his] entire family,” which
“shattered [their] souls.”142
165. Based on the foregoing, the Court confirms that the immediate family relatives (father,
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case
of Maidanik et al. v. Uruguay Merits and Reparations. Judgment of November 15, 2021. Series C No. 444, para. 185.
138
Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, para.
163, and Case of Manuel et al. v. El Salvador Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 02, 2021. Series C No. 441, para. 262, and Case of the Los Josefinos Village Massacre v. Guatemala.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 03, 2021. Series C No. 442, para. 120.
139
Cf. Declaration of Sebastián Darlin Casierra Quiñonez, rendered before notary public (evidence file, volume
XII, affidavits, folio 5283).
140
Cf. Statement of Jonny Jacinto Casierra Quiñonez, rendered before notary public (evidence file, volume XII,
affidavits, folio 5294).
141
Cf. Statement of Shirley Lourdes Quiñonez Bone, rendered before notary public (evidence file, volume XII,
affidavits, folios 5304 and 5305).
142
Cf. Testimony by Andrés Alejandro Casierra Quiñonez, given at a public hearing before this Court.
137
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