84
306. Article 5.1 of the American Convention establishes that: “Every person has the right to
have his physical, mental, and moral integrity respected.” With respect to the next of kin of the victims
of certain human rights violations, the Court has indicated that they can also be viewed as victims.403 In
this regard, the Court has provided that their mental and moral integrity can be affected as a
consequence of the specific situations that the victims underwent and the subsequent deeds or
omissions by domestic authorities in the face of these events.404
307. Specifically, regarding cases where there was no complete or effective investigation, as
in the present case, the Court has indicated that:
(...) [T]he 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
405
corresponding responsibilities.
308. According to the above, the Commission deems that the loss of a loved one in a context
as the one described in the present case, as well as the absence of a complete and effective
investigation, which in turn leads to suffering and anguish for not knowing the truth, constitutes in itself
an adverse impact on the mental and moral integrity of the next of kin of the alleged victims.
309. By virtue of the above, to the Commission it is evident that the anguish suffered by the
next of kin of the victims in their search for justice as a result of the forced disappearance of their loved
ones, the absence of effective protection, and the deep suffering and radical change in their lives has
affected their personal integrity. As a result, the Commission concludes that the State violated the right
to mental and moral integrity enshrined in Article 5.1 of the American Convention in connection with
the duty to ensure respect as set forth in Article 1.1 of the same instrument, to the detriment of the
next of kin of the victims of the case that are listed in the only annex of the instant report.
VI.
CONCLUSIONS
310. On the basis of arguments of fact and law set forth, the Inter-American Commission
concludes that the State of Colombia is responsible for violating the rights established in Articles 3, 4, 5,
7, 8, 19, 21, and 25 of the American Convention, in connection with the obligations set forth in Article
1.1 of the same international instrument; as well as articles I.a) and I.b) of the Inter-American
403
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. paragraph 112; and Case of Bueno Alves v. Argentina. Merits,
Reparations and Costs. Judgment of May 11, 2007. Series C No. 164, paragraph 102.
404
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, paragraph 112; and Case of Vargas Areco v. Paraguay. Judgment of
September 26, 2006. Series C No. 155, paragraph 96.
405
I/A Court H.R., Case of Valle Jaramillo and others v. Colombia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 192, paragraph 102; Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs.
Judgment of May 11, 2007, Series C No. 163, paragraph 195; Case of Heliodoro Portugal v. Panama. Preliminary Objections,
Merits, Reparations and Costs. Judgment of August 12, 2008. Series C No. 186, paragraph 146; and Case of García Prieto and
others v. El Salvador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 168,
paragraph 102.