VIII-5 RIGHT TO PERSONAL INTEGRITY OF MR. RUIZ FUENTES’ SISTER 226 A. Arguments of the parties and of the Commission 185. The Commission did not present any specific arguments in this regard. 186. The representatives referred to the harm suffered by Mr. Ruiz Fuentes’s sister; W.E.R.F. (his daughter), and A.M.V., his permanent companion. They indicated that, when Mr. Ruiz Fuentes was admitted to hospital to undergo surgery, both his sister and his partner visited him and took care of him. They witnessed not only the severity of his injuries, but also how the PNC and even the Head of the SIC visited Mr. Ruiz Fuentes to try and convince him not to report the events. This caused them to suffer anguish and fear. The representatives also indicated that the members of Mr. Ruiz Fuentes’ family underwent severe mental anguish knowing that Mr. Ruiz Fuentes was on death row and subject to extreme prison conditions owing to the uncertainty about his possible execution. In addition, the representatives indicated that the execution of Mr. Ruiz Fuentes caused them profound suffering and, added to this, to date the extrajudicial execution remains unpunished. Lastly, the representatives argued that, as a result of their involvement in expediting the domestic proceedings, the family members themselves were victims of threats and intimidation, and this even resulted in Mr. Ruiz Fuentes’s sister having to leave Guatemala, which profoundly altered her life project. 187. The State indicated that, although it did not doubt the harm and suffering experienced by the members of Mr. Ruiz Fuentes’ family, this suffering and/or affliction resulted from the unlawful acts committed by Mr. Ruiz Fuentes for which the State bore no responsibility. The State also denied that it had harassed the members of Mr. Ruiz Fuentes’ family when they exercised their right to file the complaints they considered pertinent before the corresponding organs. B. Considerations of the Court 188. On many occasions, the Court has affirmed that the next of kin of the victims of human rights violations may also become victims. 227 The Court has considered that it is possible to declare the violation of the right to mental and moral integrity of “direct family members” or other persons with close ties to the 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 the facts, 228 taking into account, among other factors, the steps taken to obtain justice and the existence of close family ties. 229 189. The Court notes that Mr. Ruiz Fuentes’s sister stated the following with regard to the moment when her brother was sentenced to death: […] When they sentenced my brother to death, I found it very hard […] When I heard my brother’s name in the judgment and that he was sentenced to death, I said they are going to kill my brother […] and began to cry and I left in tears with [my daughter]. I remembered the execution of two people they had carried out in Pavón and that they had televised it, and I felt that I was on the edge of a nervous breakdown; I spent the whole night crying.230 Article 5 of the American Convention. Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 176, and Case of Villaseñor Velarde et al. v. Guatemala. Merits, reparations and costs. Judgment of February 5, 2019. Series C No. 374, para. 143. 228 Cf. Case of Blake v. Guatemala, supra, para. 114, and Case of Villaseñor Velarde et al. v. Guatemala, supra, para. 143. 229 Cf. Case of Bámaca Velásquez v. Guatemala, supra, para. 163, and Case of Villaseñor Velarde et al. v. Guatemala, supra, para. 143. 230 Cf. Affidavit made by Mr. Ruiz Fuentes’ sister on February 28, 2019 (evidence file, folio 8479). 226 227 44