surviving victims and family members due to the suffering caused by the absence of an investigation
and the impunity in which the case remains. They also indicated that it had been the victims, through
their representatives, who had advanced the proceedings, and that the authorities had continued
acting in an omissive manner. According to the representatives, all of this has resulted in profound
suffering and a feeling of helplessness in the face of the certainty that those who had executed and
disappeared their family members, caused their displacement and family separation, and destroyed
their possessions, leaving them without anything, remained in the most absolute impunity.
119. The State did not submit specific arguments in this regard.
B.
Considerations of the Court
120. On reiterated occasions,200 the Court has asserted that the next of kin of victims of certain
human rights violations may, in turn, be considered victims. 201 Similarly, it has indicated that it is
possible to declare the violation of the right to integrity of the next of kin of victims of certain human
rights violations applying a iuris tantum presumption with regard to mothers and fathers, daughters
and sons, and spouses and permanent companions, provided this is in keeping with the particular
circumstances of the case.202 In relation to these family members, it corresponds to the State to
disprove this presumption,203 which is applicable in cases involving massacres and extrajudicial
executions204 with regard to family members of those who died. When this presumption is not
applicable, the Court must assess, first, the existence of a particularly close connection between the
family member and the victim in the case that allow it to establish a violation of their personal
integrity and, then, whether the evidence in the case file proves a violation of personal integrity.205
121. Additionally, in cases involving the forced disappearance of persons, the Court has asserted
that the violation of the right to mental and moral integrity of the victim’s next of kin is a direct
consequence of this crime, which causes them severe suffering, which is increased by the constant
refusal of the state authorities to provide information on the victim’s whereabouts, or to open an
effective investigation to clarify what happened.
122. In this case, it has been proved – and the State has acknowledged this – that on April 28 and
29, 1982, a massacre was perpetrated by members of the army that resulted in the death of at least
38 people, including men, women and children, while 14 people were disappeared. To date, the
families ignore the whereabouts of many of these victims. The Court recalls that “the continued
deprivation of the truth regarding the fate of a disappeared person constitutes a form of cruel,
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth operative paragraph
Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 350, para. 327, and Case of Manuela et al. v. El Salvador, supra, para. 262.
200
This is based on the circumstances of the case, in view of the suffering caused by the violations perpetrated against
their loved ones and due to the subsequent acts and omission of the state authorities in relation to the facts (cf. Case of Blake
v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of Herzog et al. v. Brazil, supra,
para. 351).
201
Cf. Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Merits, reparations and costs. Judgment of November
20, 2012, Series C No. 253, para. 286, and Case of Guzmán Albarracín et al. v. Ecuador. Merits, reparations and costs.
Judgment of June 24, 2020. Series C No. 405, para. 207.
202
This presumption results in a reversal of the burden of proof because it is not necessary to prove the violation of the
rights of these “direct family members,” but rather the State must disprove this (cf. Case of Valle Jaramillo et al. v. Colombia,
supra, para. 119, and Case of Guzmán Albarracín et al. v. Ecuador, supra, para. 207).
203
Cf. Case of the “Mapiripán Massacre” v. Colombia, supra, para. 146; Case of La Cantuta v. Peru, supra, para. 218,
and Case of Herzog et al. v. Brazil, supra, para. 351.
204
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra,
para. 328.
205
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