197. Regarding the next of kin of the victims who were executed, in its most recent case law
in cases of massacres, the Court has reiterated that the next of kin of the victims of certain
grave human rights violations, such as massacres, can, in turn, be victims of violations to their
personal integrity.282 Also, in this type of case, the Court has considered that the right to
mental and moral integrity of the victims' next of kin has been violated owing to the additional
suffering and anguish they have experienced as a result of the subsequent acts or omissions of
the State authorities in relation to those facts,283 and due to the absence of effective
remedies.284 The Court has considered that “conducting an effective investigation is a
fundamental and determinant element for the protection of certain rights that are violated or
annulled by such situations.”285
198. The evidence presented reveals that there is a group of next of kin of the executed
victims who, at the time, were not present in the places where the massacres that this case
refers to occurred and, when they returned, they tried to find their relatives, but only found their
mortal remains. The Court considers it especially serious that some of them had to gather up the
bodies of their loved ones that were charred and/or in an advanced state of decomposition and,
in some cases, incomplete, in order to bury them, without being able to give them a burial in
accordance with their traditions, values or beliefs. 286
199. Among other statements in the case file, José Pablo Díaz Portillo, who was 12 years old at
the time, testified that, about two months after the massacre, he went to the canton of Cerro
Pando , where he lived with the members of his family, “and found such a disaster that it was
difficult to control [him]self, because [he] saw many dead people who were disintegrating, torn
apart by wild animals; walking around the nearby places [he only found] dead people, but was
able to find some family members who had been murdered, who he was able to identify because
they were in the place they lived.” There he identified the remains of his brother together with
his seven children and his cousin with her three children; “all the bodies were scattered and
decomposed,” but he did not bury them because he continued searching to see if anyone was
alive. Days later he returned to the place of the massacre with his father, who had survived it,
“and they tried to bury the members of their family, but it was difficult to recognize them and to
gather up the human remains, because there were only bones and pieces that the wild animals
had eaten; in the end, they dug a hole and buried the remains they could find together.”287 Jose
Cruz Vigil stated that, he was not in the place where the massacre took place, but that his sister
with her three children and his brother with his six children lived, in Los Toriles and Jocote
Amarillo, respectively, and they all died in the massacre. Two weeks later he went to look for his
brother, finding only his remains, which he buried.288
200. It is also evident from the case file that, in some cases, the next of kin of the executed
victims have been involved in different actions such as the search for justice, taking part in the
proceedings before the international jurisdiction (supra para. 32). Similarly, it has been verified
that the lack of effective investigations in order to elucidate the facts and end the impunity in
which the facts of this case remain have resulted in the next of kin of the executed victims
282
Cf. Case of the Mapiripán Massacre v. Colombia, para. 146, and Case of the Río Negro Massacres v. Guatemala,
para. 240.
283
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, paras. 114 to 116, and
Case of the Río Negro Massacres v. Guatemala, para. 240..
284
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, paras. 113 to 115, and Case
of the Río Negro Massacres v. Guatemala, para. 240.
285
Case of the Pueblo Bello Massacre v. Colombia, para. 145, and Case of the Río Negro Massacres v. Guatemala,
para. 240.
286
Cf. Case of the Ituange Massacres v. Colombia, para. 260
287
Affidavit provided by José Pablo Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10298).
288
Cf. Sworn statement made by José Cruz Vigil del Cid before the Oficina de Tutela Legal del Arzobispado on June
19, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5558 to 5559).
64
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