the Convention. Neither the Commission nor the State presented arguments on the alleged
violation of the right to personal integrity of the members of Manuela’s family.
B.
Considerations of the Court
262. The Court has repeatedly asserted that the next of kin of victims of human rights
violations may, in turn, be victims.422 The Court has considered that it is also possible to
declare the violation of the right to mental and moral integrity of “direct family members” of
victims and other individuals with close ties to those victims, owing to the additional suffering
they have experienced as a result of the particular circumstances of the violations perpetrated
against their loved ones and due to the subsequent acts or omissions of the state authorities
in relation to those facts,423 taking into account, among other matters, the steps taken to
obtain justice and the existence of a close family relationship.424
263. Manuela’s mother stated that she “still misses her daughter, and remembers her every
day […]; [after what happened she fears and resents the authorities because] they went to
her home to vilify her and her family […] [and] to separate her daughter from her children.
This should never have happened. She suffers from nervousness and takes pills in order not
to get ill.”425 Meanwhile, Manuela’s father stated that he became “very anxious, felt lost, could
find no peace of mind and had difficulty sleeping thinking about his daughter and feeling
helpless knowing that she was ill and alone, far from her children, and in so much pain. He
knew he should stay strong for his family and his grandsons, but his heart was not in it, he
pretended to be well, but really he was a broken man […].”426 He added that he “regretted
that he had never learned how to read because, if he had known how to read, he would never
have signed the note that the police gave him.”427
264. Manuela’s children were also affected by what happened to their mother. According to
Manuela’s mother, “[a]fter the death of [Manuela], the boys were sad, they grieved and they
missed her a lot. They cried, they were angry and it was very difficult to console them. They
waited for their mother.”428 Manuela’s elder son stated that, when he went to visit his mother
in the San Miguel prison, he “wanted to talk to her more, to be able to tell her more, but he
could not because there was a police agent present during the visit and this frightened him.
This situation did not allow him to tell his mother that he missed her, and this was very
difficult for him. […] It still hurts him to relive that moment because it is the last memory he
has of her.”429 He also indicated that he found it “very hard to grow up without his mother;
[…h]e misses her love […]. Even though he has few memories of her, he misses her and would
like to have her in his life to talk to her and receive her advice.”430 Meanwhile, Manuela’s
younger son stated that “[i]t was painful and complicated to grow up without a mother. His
life was different from that of other children owing to her absence and because he did not
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth operative
paragraph, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs, supra, para. 217.
422
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case
of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs, supra, para. 217.
423
Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, para.
163, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs, supra, para. 217.
424
425
Affidavit made by Manuela’s mother on March 5, 2021 (evidence file, folio 3793).
426
Affidavit made by Manuela’s father on February 26, 2021 (evidence file, folio 3799).
427
Affidavit made by Manuela’s father on February 26, 2021 (evidence file, folio 3800).
428
Affidavit made by Manuela’s mother on March 5, 2021 (evidence file, folio 3793).
429
Affidavit made by Manuela’s elder son on February 26, 2021 (evidence file, folio 3803).
430
Affidavit made by Manuela’s elder son on February 26, 2021 (evidence file, folio 3803).
74