30 VIII VIOLATION OF ARTICLE 5 OF THE AMERICAN CONVENTION (RIGHT TO HUMANE TREATMENT) IN RELATION TO ARTICLE 1(1) THEREOF WITH RESPECT TO THE VICTIM’S NEXT OF KIN 55. The Commission did not allege the violation of Article 5 of the American Convention to the detriment of Mr. Santiago Gómez-Palomino’s sisters and brother. Arguments by the representatives 56. In relation to the alleged violation of Article 5 of the American Convention to the detriment of the victim’s sisters and brother, the representatives stated that: a) the term “victim’s next of kin” should be understood in a broad sense encompassing the children, parents and siblings of the victim; b) although the State has acknowledged the violation of Article 5 of the Convention to the detriment of the mother, daughter and partner of Mr. Santiago Gómez-Palomino, referring to them as “close relatives”, it has not acquiesced in the violation of said Article to the detriment of the brother and sisters of the victim, which conflicts with the position held by the Inter-American Court in the sense that it is reasonable to conclude that the suffering inflicted on the victim extends to the closest members of the family, particularly those who were deeply involved in their affections, and that there is no need to provide evidence in support of such conclusion. c) thus, the pain inflicted on the brother and sisters of Mr. Santiago GómezPalomino is presumed, the burden of proof in rebuttal of such presumption being consequently shifted to the State. Arguments by the State 57. The State alleged that, in the case of the victim’s sisters and brother, it was necessary to prove the extent of the damages and of the consequences suffered as a result of Mr. Gómez-Palomino’s disappearance. Considerations of the Court 58. Article 5(1) of the Convention sets forth that: [E]very person has the right to have his physical, mental, and moral integrity respected. 59. Before embarking on the analysis of the alleged violation of Article 5 of the American Convention, it is necessary to point out that although the Inter-American power-of-attorney granted by Mrs. Margarita Palomino-Buitrón for Asociación Pro Derechos Humanos (APRODEH) (Pro Human Rights Association) to act in her name place and stead in connection with the proceedings instituted before the Inter-American system of protection of human rights (file with appendixes to the application, Appendix 26, pages 181 to 183.