at the international level, that threats are brought to light for the purpose of making these
supposed actions fit into the State’s presumed violation of the right to personal integrity.
B.
Considerations of the Court
201. The Court has stated, on many occasions that the families of victims of human rights
violations may, in turn, be victims.295 On this point the Court has considered that the right
to psychological and moral integrity of the family members of victims has been violated
owing to the additional suffering that they have endured as a result of the specific
circumstances of the violations perpetrated against their loved ones and because of the
subsequently actions and omissions by the State authorities in relation to the facts.296
202. In its case law, the Court has determined that certain human rights violations could
cause the family members “suffering and anguish in addition to insecurity, frustration and
impotence in the face of the failure of public authorities to investigate the facts”297 and has
concluded that such suffering, to the detriment of the psychological and moral integrity of
the family members, could constitute a violation of Article 5 of the Convention. 298 Moreover,
the Court has ruled that in certain cases of grave human rights violations, it is possible to
presume the damage caused to the psychological and moral integrity of the closest family
members, applying the presumption of juris tantum with respect to mothers and fathers,
sons and daughters, husbands and wives, permanent partners, whenever this is appropriate
to the specific circumstances of the case.299 In the case of these family members, it is up to
the State to refute such presumption.
203. The family considered as victims in this case are the direct family members, namely:
Mariana Lubina López (mother),300 Rosa Margarita Valle Hernández (spouse), Carlos Antonio
Luna Valle (son), César Augusto Luna Valle (son), Lubina Mariana Luna Valle (daughter),
Allan Miguel Luna Valle (son), José Fredy Luna Valle (son) and Roger Herminio Luna Valle
(son). However, based on the circumstances of this case, the Court has considered that
since it does not involve a grave violation of human rights in the terms of its case law, the
violation of the family’s personal integrity, as regards the pain and suffering that occurred,
must be proven.301
204. Therefore, the Court will assess the existence of a particularly close link between the
family members and the victim in this case in order to determine if their right to personal
integrity was affected and consequently if there was a violation of Article 5 of the
Convention. It will also determine whether the presumed victims have experienced suffering
resulting from the facts of the case or due to the subsequent actions or omissions of the
State authorities in that regard.302
295
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C, No. 34, Operative
Paragraph Four and Case of Suárez Peralta, supra, para. 156.
296
156.
Cf. Case of the Mapiripán Massacre, supra, paras. 144 and 146 and Case of Suárez Peralta, supra, para.
297
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C, No. 36, para. 114 and
Case of García Family, paras. 162 and 164.
298
Cf. Case of Blake, supra, para. 116 and Case of García and Family, supra, paras. 162, 164 and 167.
299
Cf. Case of Valle Jaramillo et al., supra, para. 119 and Case of Suárez Peralta, supra, para. 157.
300
Mrs. Mariana Lubina López died on May 8, 2005, according to Death Certificate No. 1520-2005-00014 (File
of attachments to the brief of pleadings and motions, page 4115).
301
Cf. Case of Myrna Mack Chang, supra, para. 232 and Case of Suárez Peralta, supra, para. 158.
302
Cf. Case of Blake, supra, para. 114 and Case of García and Family, supra, paras. 161 and 162.
61
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