their demands; the absence of an official version of the events, and the failure to punish
those responsible even though 16 years had passed. According to the representatives,
all of this has prevented “healing the wounds caused by the death of Igmar and
Eduardo,” particularly the suffering of the parents during the latter’s detention, because
they did not receive “due attention and information from the State agencies and their
agents,” regarding his whereabouts or when he would be transferred. The
representatives indicated that the facts have harmed the affective, “social and workrelated” relationships of the members of the Landaeta brothers’ family, thus altering
“their dynamics and their life projects.” In addition, the representatives emphasized
some of the suffering they endured in particular, such as the trauma suffered by their
mother, the physical and emotional toll on their father and two sisters, the elder of
whom, Victoria Eneri Landaeta Galindo, had to undergo psychological treatment “to
overcome the death of her brothers, and the emotional distance that separated her from
her father.” With regard to Igmar Landaeta’s companion, the representatives alleged
that his death had an impact on her life project, because she was left in charge of the
“task of bringing up their daughter” alone. Lastly, the representatives indicated that
Igmar Landaeta’s daughter also suffered emotionally owing to the absence of her father.
278. The State did not submit arguments on the alleged violation of the personal
integrity of the family members, but merely rejected all the allegations of the InterAmerican Commission in its Merits Report.
B. Considerations of the Court
279. The Court has already established that the State of Venezuela is responsible for the
violation of the obligation to respect the right to life to the detriment of Igmar Landaeta,
and for the unlawful and arbitrary detention of the minor, Eduardo Landaeta, followed by
his death, because it failed to comply with its obligation to respect and ensure their
rights. In numerous cases, the Court has considered that the next of kin of the victims of
human rights violations may also, in turn, be victims. 365 On this point, the Court has
understood that the right to mental and moral integrity of some family members has
been violated owing to the additional suffering they have endured as a result of the
specific 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. 366
280. In this case, the Court considers that the following are presumed victims: María
Magdalena Mejías (mother); Ignacio Landaeta Muñoz (father); Victoria Eneri and Leydis
Rossimar, both surnamed Landaeta Galindo (sisters); Francy Yellut Parra Guzmán
(permanent companion of Igmar Landaeta), and Johanyelis Alejandra Landaeta Parra
(daughter of Igmar Landaeta).
281. Therefore, the Court will assess whether there were particularly close ties between
the family members and the victims in this case that would establish a violation of the
personal integrity of the next of kin and, consequently, a violation of Article 5 of the
Convention in their regard. 367 In addition, it will analyze the alleged existence of harm to
the mental and moral integrity of the members of the Landaeta Mejías brothers’ family
based on their testimonial statements, 368 as well as on the psychological report prepared
365
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth
operative paragraph, and Case of Veliz Franco et al., supra, para. 233.
366
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and
Case of Veliz Franco et al., supra, para. 233.
367
Cf. Case of Blake, supra, para. 114, and Case of Luna López, supra, para. 201.
368
Affidavits made on January 24, 2014, by: María Magdalena Mejías (mother); Victoria Eneri and Leydis
Rossimar, both surnamed Landaeta Galindo (sisters), and Francy Yellut Parra Guzmán (permanent companion
of Igmar Alexander Landaeta Mejías) (merits file, folios 773 to 778; 779 to 783; 784; 788 to 794,
respectively).
79