100
*
*
*
191. As regards the alleged violation of the right to humane treatment of all the
next of kin of the inmates who died or were injured as a consequence of the events
in this case, the Court finds that next of kin, such as parents and siblings identified
to this Court, are victims, namely: Feliciana Ocampos, Asunción Acosta, Ignacia
Giménez, Teódulo Barboza, Felipa Valdez, Luis Ávila, Rosalía Figueredo, Dionicio
Vega, Teofista Domínguez, Guillermo Augusto Poletti, María Teresa de Jesús Pérez,
María Estela Barrios, Fidelina de la Cruz, Rosalinda Giménez Duarte, Benito Isidoro
Adorno, Apolinaria Acuña, Roque Achar, María Estella Chamorro, Andrés Cañete B.,
María Rosa Virginia Baes, Concepción Ramos viuda de Duarte, Viviana Moraes,
Leoncio Navarro, Silvia Portillo Martínez, Eristrudis o Edith Aranda, Tranquilino
Méndez, Dirma Monserrat Peña, Emiliana Toledo, Flora Franco, Jerónimo Gonzáles,
Cristina Delgado, Antonio Vera and Felipa Vera. Their affective ties and kinship with
the inmates allows the Court to assume that the violations committed against those
inmates caused the afore-named family members tremendous grief, anguish and a
sense of powerlessness.
192. In the case sub judice, the parents named above have endured their
children’s pain and suffering, and Dirma Monserrat Peña has endured the pain and
suffering of her brother, because of the violent and tragic circumstances of the
deaths of some children, and the traumatic experience that those who survived
endured. The next of kin of those injured in the fires had to make their own inquiries
to ascertain their children’s whereabouts in the wake of the fire and find the hospital
to which they had been transferred. Finally, all the above-named next of kin had to
endure the cruel treatment to which the deceased and injured were subjected while
inmates at the Center.
193. The Court therefore finds that in the case of these next of kin, the State is
responsible for violation of Article 5(1) of the American Convention, in relation to
Article 1(1) thereof.
IX
VIOLATION OF ARTICLES 2 AND 8(1) OF THE AMERICAN CONVENTION, IN
RELATION TO ARTICLES 19 AND 1(1) THEREOF
(DOMESTIC LEGAL EFFECTS AND THE RIGHT TO A FAIR TRIAL)
194. In the case sub judice, the pleadings that concern Article 19 are in the section
on Articles 4 and 5 of the American Convention.
Pleadings of the Commission
195.
The Commission did not allege violation of Article 2 of the Convention.
196. With regard to the violation of Article 8 of the American Convention, in
relation to Article 1(1) thereof, the Commission argued that:
a)
this article of the Convention was violated, to the detriment of the
inmates at the Center in the period from August 14, 1996 to July 25, 2001;
b)
to determine the scope of the procedural guarantees in cases involving
children, those guarantees must be read in relation to Article 19 of the
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