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the time of the facts. She has suffered due to the treatment received by her brother
from state agents, for the actions she carried out to try to locate him and finally find
him in the morgue, when she was sure that her brother was under State custody.
Likewise, she has participated in the search for justice for the death of her brother,
reason for which she has relived the circumstances in which he died. The
aforementioned breached the right to humane treatment of the victim’s sister.
133. Of the facts of the present case we can observe the anguish suffered by the
sister of Orlando Álvarez Ríos, who in her statement offered on February 23, 1996
before the Criminal Peace Court of Tegucigalpa said the following:
[…t]hen on Sunday, [she] wait[ed] [for her brother, Orlando Álvarez Ríos]; but he never
came; and then, […] she did not know anything; and she felt a great sadness […] and
she arriv[ed] home at around twelve noon; and when she [saw] that [her] brother was
not there; she start[ed] to feel worried; and, all day Monday, they wait[ed] for him until
nighttime; and, she [thought] that maybe they would release him at the last hour, and
she did not look for him and since she was sure that they had him locked up because he
[had] called her telling her that he was in the Seventh Command. Then, on Tuesday,
when it was noon, and she saw that he had not come home, [she] became trouble[d]
and decided to go look [for him] at the Seventh Command […]. [When she returned]
home, she got a feeling that [her] brother could be dead, and [she] went to the Morgue,
at seven at night of that same Tuesday she went with [her] son and the Guard from her
Colony; upon arriving, [her] son, who went in to see him did not take more than five
minutes to identify [Orlando, whose body] was in the freezer. Then the employees of the
Morgue told [her] that they had found him at kilometer 41; and she accused the
authorities of the Seventh Command of the Public Security Force.
134. Similarly, in what refers to Mrs. Marja Ibeth Castro García, sister of Marco
Antonio Servellón García, she has suffered due to the conditions of the arrest and
extrajudicial killing of her brother, when he was under the custody of state
authorities, and during the actions she carried out to denounce the facts occurred.
Due to the aforementioned, this Tribunal concludes that the State breached her right
to humane treatment.
135. With regard to the other siblings of the victims, that is: Pablo Servellón García
and Héctor Vicente Castro García, brothers of Marco Antonio Servellón García; and
Juan Carlos Betancourth Hernández, Manaces Betancourt Aguilar, Emma Aracely
Betancourth Aguilar, Enma Aracely Betancourth Abarca, and Lilian María Betancourt
Álvarez, siblings of Rony Alexis Betancourth Vásquez, the parties have not presented
to the Tribunal evidence that lets it determine the infringement or suffering that the
death of the victims could have caused them. Therefore, this Court considers that
there are not sufficient evidentiary elements to conclude that the State violated
Article 5 of the American Convention, in detriment of the mentioned siblings of the
victims.
136. On the other hand, the Commission and the representatives have mentioned
the child Zara Beatris Bustillo Rivera, who they argue is the daughter of Rony Alexis
Betancourth Vásquez and Mrs. Ana Luisa Vargas Soto, who they argue was his
partner at the time of the facts of the present case, as alleged victims. The
Commission also included the mother of the child, Mrs. Norma Estela Bustillo Rivera,
as an alleged victim.
137. This Court points out that the birth certificate of the child Zara Beatris Bustillo
Rivera does not state that she is the daughter of Rony Alexis Betancourth Vásquez.
However, the State did not object her existence or her relationship to the victim.
Therefore, this Court considers the child Zara Beatris Bustillo Rivera as the daughter