B. Considerations of the Court
443. The Court recalls its case law holding that the family members of victims of certain
human rights violations may be victims in their own right. 474 The Court has understood that
the right to mental and moral integrity of the victims’ “next of kin” and other persons with
close personal ties to such victims has been violated as a result of the additional suffering they
have experienced because of the particular circumstances of the violations perpetrated against
their loved ones and owing to the subsequent actions of State authorities in relation to those
violations.475
444. The Court has maintained that in cases of alleged arbitrary or extrajudicial execution,
it can be understood that the violation of the right to psychological and moral integrity of the
“next of kin” of victim(s) is a direct consequence of the phenomenon. The Court has therefore
held parents, children, spouses, and permanent domestic partners as the “next of kin” of
people found to be victims of a serious human rights violation, such as a massacre,476, forced
disappearance,477 or extrajudicial execution.478 In such cases, the Commission and the
representatives do not need to prove that the right to personal integrity has been breached,
as a iuris tantum assumption is in effect; the burden of proof is reversed and it falls to the
State to refute violation of the right to psychological and moral integrity of these “next of kin”,
which does not need to be proven.479
445. The presence of this iuris tantum presumption on behalf of the victims’ “next of kin”
does not preclude the possibility that other people who do not fit into this category may
demonstrate a particularly close tie between themselves and the victims in the case, such as
would allow the Court to declare a violation of their right to personal integrity, 480 and who can
therefore be held as victims of the reproachable conduct or omissions by the State. Under
these assumptions, the Court must examine whether the evidence in the case file proves that
the right to personal integrity for the alleged victim has been abridged, regardless of his or
her kinship to one of the other victims in the case. As for the people that the Court does not
assume to have experienced harm to their personal integrity because they are not next of kin,
the Court must evaluate, for example, whether particularly close ties existed between them
and the victims in the case that would enable them to prove an impairment of their right to
personal integrity. The Court can also assess whether the alleged victims have been involved
Cf. Case of López Álvarez v. Honduras. Merits, Reparations and Costs. Judgment of February 1, 2006. Series
C No. 141, para. 119, y Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10,
2013. Series C No. 269, para. 201.
474
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114; Case of
the Serrano Cruz Sisters v. El Salvador Merits, Reparations and Costs. Judgment of March 1, 2005. Series C No. 120,
paras. 113 and 114, and Case of Gutiérrez and family v. Argentina, supra, para. 138.
475
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of September 15,
2005. Series C No. 134, para. 146 and Case of the Santo Domingo Massacre v. Colombia, supra, paras. 243 and
244.
476
Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Rodríguez Vera et al. (the Disappeared
from the Palace of Justice) v. Colombia, supra, para. 533.
477
Cf. Case of La Cantuta v. Peru, supra, para. 218, and Case of Valle Jaramillo et al. v. Colombia. Merits,
Reparations and Costs. Judgment of November 27, 2008. Series C No. 192, para. 119.
478
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of García and Family v. Guatemala,
supra, para. 161.
479
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of Landaeta Mejías Brothers et al.
v. Venezuela, supra, para. 281.
480
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