43
her ignorant about all this, constitutes an aggravated violation of the prohibition of
interference with an individual’s privacy and family life, as well as the right to preserve
name, identity, and family relationships, as a means of personal identification. In particular,
when, subsequently, the State has not taken any measure to reunite her with her biological
family and restore her name and identity.
117. Thus, it can be concluded that, to the extent that the State interfered in her private
and family life and failed in its obligation to respect and guarantee intimate aspects of
personality – such as the right to a name – as well as factors concerning her interrelation
with others – the right to a family – the State violated Articles 11(2), 17, 18 and 19 of the
American Convention. In addition, in light of Article 19 of the American Convention, the
Court reiterates the particular seriousness of the fact that a State Party to the Convention
can be attributed with having applied or tolerated a systematic practice of illegal abduction
and retention of children on its own territory,175 which included the alteration of their
identity. In conclusion, taking into consideration the context of the terms of the American
Convention, interpreted in light of Article 29(c) thereof and Article 31 of the Vienna
Convention, the Court finds that the series of violations of the American Convention
established in the present case constitute a violation or loss of the right to identity of
Gregoria Herminia Contreras.
118. Regarding the representatives’ arguments that, in this case, the Court should
establish this violation also to the detriment of Ana Julia Mejía Ramírez, Carmelina Mejía
Ramírez, Julia Inés Contreras, Serapio Cristian Contreras, and José Rubén Rivera Rivera, the
Court considers that the violation of this right should only be analyzed with regard to
Gregoria Herminia Contreras because, even though it has been established that “the original
name of 69% of the 222 young people reunited with their families had been altered,”176 this
assumption cannot be applied to establish the violation of the right to a name in all the
cases. In this regard, the sole confirmation of the practice of disappearances is not enough,
because evidence of the alleged violations is required.
G. The right to personal integrity of the next of kin
119. Both the Commission and the representatives alleged the violation of the personal
integrity of the next of kin of Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria
Herminia Contreras, Julia Inés Contreras, Serapio Cristian Contreras and José Rubén Rivera
owing to the suffering caused by their disappearances and the uncertainty about their
whereabouts or fate.
120. In numerous cases the Court has found that the next of kin of the victims of human
rights violations may themselves be victims.177 In this case, the State acknowledged its
international responsibility for the violation of the right to personal integrity of the direct
next of kin, of the siblings of the victims including those who had not been born at the time
of the facts, and of other family members. The Court observes that, following the facts, Julia
175
Cf., mutatis mutandi, Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits.
Judgment of November 19, 1999. Series C. No. 63, para. 191; Case of Gelman, supra note 16, footnote 127, and
Case of the Dos Erres Massacre, supra note 150, para. 199.
176
Expert opinion provided by Ana Georgina Ramos de Villalta, supra note 35, (evidence file, volume XI,
affidavits, folio 7535).
177
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth operative
paragraph; Case of Gelman, supra note 16, para. 133, and Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 97, para. 235.
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