69
161. This Court has even stated, in the recent “Street Children” case, that the
mothers of the victims suffered due to the negligence of the authorities in
establishing the latter's identity; because the said State agents “did not make the
necessary efforts to immediately locate the relatives” of the victims and notify them
of their death, delaying the opportunity to give them “burial according to their
traditions”; because the public authorities abstained from investigating the
corresponding crimes and punishing those responsible. In that case, the suffering of
the victims' next of kin also arose from the treatment of the corpses, because they
appeared after several days, abandoned in an uninhabited place with signs of
extreme violence, exposed to the inclemency of the weather and the action of
animals. Such treatment of the victims' remains, “which were sacred to their
families and, particularly, their mothers, constituted cruel and inhuman treatment for
them.”108
162. The jurisprudence of the European Court of Human Rights has also accepted
that, when fundamental human rights are violated, such as the right to life or the
right to humane treatment, the persons closest to the victim may also be considered
victims. That Court had the occasion to go on record on the condition of victim of
cruel, inhuman or degrading treatment of a mother due to the detention and
disappearance of her son and, to this end, it evaluated the circumstances of the
case, the gravity of the ill-treatment and the fact that she did not receive official
information to clarify the facts. In view of these considerations, the European Court
concluded that this person had also been a victim and that the State was responsible
for violating Article 3 of the European Convention109.
163. Recently that Court developed this concept further, emphasizing that the
following were included among the issues to be considered: the closeness of the
family relationship, the particular circumstances of the relationship with the victim,
the degree to which the family member was a witness of the events related to the
disappearance, the way in which the family member was involved in attempts to
obtain information about the disappearance of the victim and the State's response to
the steps undertaken110.
164. In the same way, the United Nations Human Rights Committee, in accordance
with the International Covenant on Civil and Political Rights, has stated that the next
of kin of those who are detained and disappear should be considered victims of ill
treatment, among other violations. In the Quinteros v. Uruguay (1983), the Human
Rights Committee indicated that
it understood the profound grief and anguish that the author of the communication
suffered owing to the disappearance of her daughter and the continued uncertainty
about her fate and her whereabouts. The author has the right to know what has
happened to her daughter. In this respect, she is also a victim of violations of the
[International] Covenant on Civil and Political Rights], in particular article 7
(corresponding to Article 5 of the American Convention], suffered by her daughter111.
108
Cf. Villagrán Morales et al. Case (the “Street Children” Case), supra note 52, para. 174.
109
Cf. Eur. Court HR, Kurt v. Turkey, supra note 90, paras. 130-134.
110
Cf. Eur. Court HR, Timurtas v. Turkey, Judgment of 13 June 2000; para. 95; and Eur. Court HR,
Çakici v. Turkey, Judgment of 8 July 1999, para. 98.
111
Cf. United Nations Human Rights Committee, Quinteros v. Uruguay, 21 July 1983 (19th session)
Communication Nº 107/1981, para. 14; [17th to 32nd sessions (October 1982 to April 1988)]. Selection
of Decisions of the Human Rights Committee adopted in accordance with the Optional Protocol, Vol. 2,
1992.
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