128.
In light of the above considerations, the Commission concludes that the State of Guatemala is
responsible for violation of the rights to judicial guarantees and judicial protection recognized in Articles 8.1
and 25.1 of the American Convention, in conjunction with the obligations contained in Articles 1.1 thereof, to
the detriment of Alejandro Yovany Gómez, given the total lack of steps taken to find him prior to the
discovery of his body, and of his parents given all the actions and omissions described in this section.
C.
Right to human treatment/personal integrity (Article 5.1 of the American Convention
in conjunction with Article 1.1. thereof) to the detriment of Alejandro Yovany Gómez's
family.
129.
Article 5(1) of the American Convention on Human Rights provides, “Every person has the
right to have his physical, mental, and moral integrity respected." The Inter-American Court has indicated
that the next-of-kin of victims of certain human rights violations may, in turn, be considered victims.135 In that
regard, the Court has ruled that their right to mental and moral integrity [may be] violated based on the ...
particular circumstances of the violations perpetrated against their loved ones and owing to the subsequent
acts or omissions of the State authorities in relation to the facts.136
130.
Specifically with respect to cases where a complete and effective investigation was lacking,
as in this matter, the Court has held that:
The absence of a complete and effective investigation into the facts constitutes a source of
additional suffering and anguish for victims and their next of kin, who have the right to know
the truth of what happened. This right to the truth requires a procedural determination of
the most complete historical truth possible, including the determination of patterns of
collective action and of all those who, in different ways, took part in the said violations, as
well as their corresponding responsibilities.137
131.
The Commission considers that the loss of a loved one in circumstances such as those
described in this case, as well as the lack of a thorough and effective investigation which in turn causes pain
and anguish at not knowing what happened, in themselves constitute harm to the mental and moral integrity
of the members of Mr. Gómez's family. Consequently, the Commission concludes that the State violated the
right to mental and moral integrity, as recognized in Article 5.1 of the American Convention, in connection
with the obligations set out in Article 1(1.1) thereof, in respect of Alejandro Yovany Gómez's next of kin.
VII.
CONCLUSIONS
132.
Based on the above considerations of fact and law, the Inter-American Commission
concludes that the State is responsible for i) violation of the rights to life, personal integrity, and personal
liberty established in Articles 4.1, 5.1, 7.1, 16, 8.1, and 25.1 of the American Convention, in conjunction with
Article 1.1 of the same instrument, to the detriment of Alejandro Yovany Gómez Virula; and ii) violation of
the rights to personal integrity, judicial guarantees and judicial protection established in Articles 5.1, 8.1, and
25.1 of the American Convention, in conjunction with Article 1.1 of the same instrument, to the detriment of
Mr. Gómez's parents, Antonio Gómez and Paula Virula.
135 IACHR. Report No. 11/10. Case 12.488. Merits. Member of the Barrios family. Venezuela. March 16, 2010. 91. IACHR. Report
on Terrorism and Human Rights. par. 227; I/A Court H.R. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection,
Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, par. 112; and Case of Bueno-Alves v. Argentina. Merits,
Reparations, and Costs. Judgment of May 11, 2007. Series C. No. 164, par: 102.
136
I/A Court HR. Case of Vargas-Areco v. Paraguay. Judgment of September 26, 2006. Series C No. 155, par. 96.
I/A Court HR. Case of the Rochela Massacre v. Colombia. Merits, Reparations, and Costs. Judgment of May 11, 2007, Series C
No. 163, par. 195.
137
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