80
provides psychological care and the petitioners could have used this if they had considered
that some type of treatment was necessary to protect their mental and moral integrity;
however, there is no record that they requested this support at any time.”
231. Regarding the treatment accorded to María Isabel and her mother throughout the
investigation process, the State argued that “State officials had never treated Rosa Elvira
Franco Sandoval without humanity and respect.” During the public hearing before the Court,
the State affirmed that “there is no evidence to prove acts of public disparagement,
persecution or discrimination towards [the] next of kin [of María Isabel].”
232. Lastly, with regard to the threats and harassment of the members of María Isabel’s
family, the State indicated that it “had abided by the order to provide special protection to
the life and integrity of the next of kin of [María Isabel] by means of the precautionary
measures [of the Inter-American Commission].”
B.
Considerations of the Court
233. In numerous cases, the Court has considered that the next of kin of victims of
human rights violations may, in turn, be victims.334 In this regard, the Court has understood
that the right to mental and moral integrity of some of the family members of victims has
been violated owing to the additional suffering that they have endured as a result of the
specific circumstances of the violations perpetrated against their loved ones, and owing to
the subsequent acts and omission of the State authorities in relation to the events. 335
234. In the case sub judice, the Court considers it appropriate to indicate that it has
established the international responsibility of the State for lack of prevention in relation to
the deprivation of life and personal integrity, as well as for the lack of judicial guarantees
and judicial protection in relation to the lack of due diligence in the investigations. In
particular, it has been proved that the State was aware of the danger to the child following
the report and failed to adopt measures to prevent this and to avoid its implementation;
moreover, the State authorities did not take prompt and diligent measures to investigate
the murder of María Isabel Veliz Franco within a reasonable time. Consequently, the Court
will examine the arguments concerning the effects on the personal integrity of the members
of María Isabel’s family caused by the lack of diligence in preventing the incident and by the
biased investigations, as well as by the harassment and the threats received.
235. In the statement made by Rosa Elvira Franco Sandoval during the public hearing
before this Court, she stated that:
I came in contact with the callousness of those who work in the system of justice – of injustice – of
Guatemala […]; they treated me badly, they treated my daughter badly […]; there were many
attacks, persecution against me from the very start, against my two sons […]; I have suffered so
much […]; at the start I did not want to live any longer, and if it were not for the fact that I have two
sons, I would have no interest in living […]; I am ill because of this, because there is no justice in
Guatemala.
236.
Meanwhile, in his affidavit, Leonel Enrique Veliz Franco stated that:
In the beginning, my mother’s fight worried us […] because it was dangerous […]. There were family
problems because they told [my mother] that she should leave it […]. My life changed forever after
[María Isabel’s murder]; it affected me emotionally, psychologically and financially. The fact that my
sister’s murder has not been clarified to date leads to feelings of impotence and frustration because
we cannot obtain justice. It affected my nerves; my hands and legs tremble and I have a tic in my
eye; I am a different person; my temperament changed, […] I consider myself to be violent; […] I
frequently have problems breathing and health problems. My mother is a walking pharmacy; this has
334
Case of the “Street Children” (Villagrán Morales et al.). Merits, supra, para. 174, and Case of Osorio Rivera
and family members, supra, para. 228.
335
Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case
of Fernández Ortega et al., supra, para. 143.