47
116. This Tribunal acknowledges the situation that Mrs. Teresa Reyes Reyes, partner
of the alleged victim, and the children of both and of Mr. Reyes Reyes went through.
As a consequence of the detention of Mr. López Álvarez for more than six years, Mrs.
Reyes Reyes assumed the responsibility of taking care of her family without the
support of her partner; she had three pregnancies while the alleged victim was
detained, and she suffered the precarious conditions of the penitentiary centers when
she visited Mr. Alfredo López Álvarez; this situation turned worse when the alleged
victim was transferred to the National Penitentiary of Támara. The children of Mr.
López Álvarez and Mrs. Reyes Reyes, as well as those of the latter, have not had a
father figure and have suffered the emotional and economic consequences of the
situation the alleged victim was submitted to. Mrs. Reyes Reyes stated before the
Court that her children are anxious and traumatized (supra paras. 40(1)(b), 40(1)(c),
54(5), 54(52), and 54(53)).
117. This Tribunal considers that it has been reasonably proven that the other
children of Mr. Alfredo López Álvarez, as well as the parents of the alleged victim, were
affected by what happened to Mr. López Álvarez in the present case, since they
suffered for more than six years due to the prison conditions and the arbitrary nature
of the detention suffered by the alleged victim (supra paras. 54(5), 54(6), and
54(53)).
118. Likewise, the Court considers as proven that there has been a bond of
closelessness with four sisters and one of the brothers of Mr. López Álvarez, especially
because Alba Luz, Rina Maribel, Marcia Migdali, and Joel Enrique, all with the surnames
García Álvarez, visited their brother while he was detained in Tela and Támara, and
they knew the prison conditions suffered by him (supra paras. 54(6) and 54(53)).
119. This Court has mentioned that the next of kin of the victims of violations of
human rights may be, at the same time, victims. It has considered as violated the
right to mental and moral integrity of the next of kin of the victims for the suffering
caused by the violations perpetrated against their loved ones and the subsequent
actions or omissions of the state authorities.97 In consideration of that exposed, this
Tribunal considers that the personal integrity of specific family members of Mr. López
Álvarez has been affected.
120.
The previous consideration lead the Court to conclude that the State is
responsible for the violation of the right to personal integrity enshrined in Article 5(1)
of the American Convention, in relation with Article 1(1) of said treaty, in detriment of
Mrs. Teresa Reyes Reyes, partner of Mr. López Álvarez; of Alfa Barauda López Reyes,
Suamein Alfred López Reyes, and Gustavo Narciso López Reyes, children of Mrs. Reyes
Reyes and Mr. López Álvarez; of Alfred Omaly López Suazo, Deikel Yanell López Suazo,
Iris Tatiana López Bermúdez, José Álvarez Martínez, and Joseph López Harolstohn,
children of the alleged victim, and of José Jaime Reyes Reyes, and María Marcelina
Reyes Reyes, children of Mrs. Teresa Reyes Reyes, who will also be considered children
of the alleged victim; of Apolonia Álvarez Aranda and Catarino López, parents of Mr.
López Álvarez, and of his sisters and his brother: Alba Luz, Rina Maribel, Marcia
Migdali, Mirna Suyapa, and Joel Enrique, all with the surnames García Álvarez.
97
Cf. Case of Gómez-Palomino, supra note 7, para. 60; Case of the “Mapiripán Massacre”, supra note
15, paras. 144 and 146, and Case of the Serrano-Cruz Sisters. Judgment of March 1, 2005. Series C No.
120, paras. 113 and 114.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos