39
C.
The right to humane treatment with respect to the next of kin of José Luis García
Ibarra
193. On a number of occasions the Inter-American Court has held that the next of kin of
victims of certain human rights violations may themselves be victims.122 Specifically, the Court wrote
that the right to mental and moral integrity of the next of kin of victims may have been violated as a
consequence of the suffering they have endured as a result of the particular circumstances of the
violations perpetrated against their loved ones and as a result of the subsequent acts or omissions of the
State authorities in relation to the facts.123
194. In the instant case, the Commission considers that the mother, father and siblings of the
adolescent José Luís García Ibarra endured profound suffering as a result of their loved one’s
extrajudicial execution. The Commission places particular emphasis on the suffering that Mrs. Ibarra
Ponce endured as an eye witness who, from her home, saw her own son shot and killed.
195. The suffering of the next of kin of the child José Luis García Ibarra was compounded in
the years that followed, when the criminal case was repeatedly and excessively delayed and, in the end,
was never able to explain what happened. As was indicated in the previous section of this report, the
final outcome of the criminal case was the result of a procedural irregularity, labeled as such by
Ecuador’s highest court, which nonetheless provided no means to correct that irregularity.
196. The Commission therefore concludes that State violated the right to mental and moral
integrity recognized in Article 5 of the American Convention, read in conjunction with the obligations
established in Article 1(1) thereof, to the detriment of Pura Vicenta Ibarra Ponce (mother), Alfonso
Alfredo García Macias (father), and the victim’s siblings Luis Alfonso, Santo Gonzalo, Ana Lucía, Lorena
Monserrate, Alfredo Vicente and Juan Carlos, all surnamed García Ibarra.
VII.
CONCLUSIONS
197. Based on the considerations of fact and of law set forth in this report, the InterAmerican Commission concludes that the State of Ecuador is responsible for:
a)
Violation of the right to life and the child’s right to special protection, established in
articles 5 and 19 of the American Convention, read in conjunction with Article 1(1) thereof, to the
detriment of José Luis García Ibarra.
b)
Violation of the rights to humane treatment, judicial guarantees and judicial protection,
recognized in articles 5, 8 and 25 of the American Convention, read in conjunction with Article 1(1)
thereof, to the detriment of Pura Vicenta Ibarra Ponce (mother), Alfonso Alfredo García Macias (father),
122
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; I/A Court H.R., Case of Bueno Alves v. Argentina.
Judgment of May 11, 2007. Series C. No. 164, paragraph 102.
123
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; I/A Court H.R., Case of Vargas Areco. Judgment of
September 26, 2006. Series C No. 155, paragraphs 103 and 96.