disappearance can cause deep anguish, suffering and harm to victims and their relatives."160
126. This Court has ruled that the presumption of the violation of the right to personal integrity
is established iuris tantum, with regard to mothers and fathers, daughters and sons, spouses and
permanent companions, as well as sisters and brothers of victims of certain human rights
violations, provided that this accords with the particular circumstances of the case.161
127. In the instant case, the forced disappearance of Fredy Núñez Naranjo has extended over 22
years, during which time his family members have lived with the uncertainty and pain of not
knowing the victim's whereabouts.162 They have filed various actions with the authorities thathave
not yielded any results (supra par. 118). As a result of such actions, they were singled out by the
communities of Puñachizag and Shaushi and subject to threats if they did not leave their place of
residence, amid the State's inaction (supra paras. 53 and 58). In these terms and, based on what
was indicated in the statements compiled during the public hearing, the Court understands the
violation of the right to humane treatment provided for in Article 5(1) of the American Convention,
in relation to Article 1(1) of the same instrument, to the detriment of Sixto Núñez, María Gregoria
Naranjo, Marcia Núñez Naranjo, and Silvia Núñez Naranjo.
VII.4
RIGHTS TO A FAIR TRIAL
AND JUDICIAL PROTECTION164 REGARDING ALLEGED
INJURIES TO HUMANE TREATMENT
163
A.
Arguments of the Commission and the parties
128. The Commission noted that the State violated the rights to a fair trial and to judicial
protection established in Articles 8(1) and 25(1) of the American Convention in relation to the right
to humane treatment established in Article 5(1), as well as the obligations derived from Article
1(1) of the same instrument, to the detriment of Gregoria Naranjo and Marcia Núñez. In this
regard, it recalled the floggings and mistreatment (supra para. 45 and note 50) that they
apparently suffered in the community of Puñachizag and emphasized that, "when there is a
complaint or reasonable grounds to believe that an act of torture has been committed, [... the
State must] initiate an official letter and promptly launch an effective investigation." However, it
stated that, in this case, "there is no record that the State has conducted investigations to identify
those responsible for these acts."
129. The representatives did not specifically refer to the violations discussed in this section.
130. The State, in turn, emphasized that "the alleged acts of violence were not committed by
state agents" and that, "by not reporting [...] the alleged incidents, [the alleged victims] did not
160
Cf. Report of the Working Group on Enforced or Involuntary Disappearances on standards and public policies for an
effective investigation of enforced disappearances Document A/HRC/45/13/Add.3 of August 7, 2020, para. 60.
161
Cf. Case of Blake v. Guatemala,supra, para. 114, and Case of Flores Bedregal et al. v. Bolivia, supra, para. 159.
The father of the alleged victim expressed, "I hope something is done because I want [...] to see my son, [whether]
he is alive or dead." Cf. Statement by Sixto Núñez given at a public hearing on February 3, 2023. On her part, the mother
of the alleged victim stated, "I demand justice[, ...] that they return my son to me." Cf. Statement by María Gregoria
Naranjo given at a public hearing on February 3, 2023.
163
Cf. Article 8(1) of the American Convention in relation to Article 1(1) of the same instrument.
164
Cf. Article 25(1) of the American Convention in relation to Article 1(1) of the same instrument.
162
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