39 123. During his arrest, Mr. Bernabé Baldeón-García was tied up with wire and hung upside down from a beam to be then beaten and submerged in water tanks (supra para. 72(20)). 124. In this regard, the expert report prepared by María Dolores Morcillo-Méndez indicated that it was “possible to consider that the injuries found in the bone remains are consistent with traumatic wounds that might suggest torture” (supra para. 64). Furthermore, expert witness José Pablo Baraybar concluded that the “remains of the victim might suffered perimortem wounds that are compatible with torture” (supra para. 64). 125. In light of the fact that there is sufficient evidence of the alleged torture in the records, that at the time of the events there was a pattern of extrajudicial executions, cruel, inhuman or degrading treatment and torture, and that the State did not challenge the allegations in this regard, the Court finds that the treatment given to Mr. Baldeón-García during his arrest and before his death constitutes an act of torture prohibited by Article 5(2) of the Convention. 126. Based on the foregoing, and taking into account the acquiescence of the State to the claim in this case, the Court finds that the State violated Article 5(2) of the Convention, in relation to Article 1(1) thereof, to the detriment of Mr. Bernabé Baldeón-García. b) The alleged violation of Article 5 of the Convention to the detriment of Mr. Bernabé Baldeón-García’s next of kin 127. The representatives also argued that the State violated the right to humane treatment enshrined in Article 5 of the American Convention, to the detriment of Mr. Bernabé Baldeón-García’s next of kin (supra para. 107(a)(i)). 128. This Court has asserted that the next of kin of the victims of human rights violations may, in turn, be victims. In this line of reasoning, the Court has considered that the mental and moral integrity of the victims’ next of kin has been violated as a result of the additional suffering resulting from the specific circumstances surrounding the violations committed against their love ones and from the subsequent acts or omissions by the State authorities with respect to the incidents at issue here.76 129. The Court has examined the seriousness of the circumstances surrounding this case, particularly the manner in which he was arrested, the torture meted out to Mr. Bernabé Baldeón-García during his detention, the immediate burial of the body of the victim by the soldiers involved in his death, the deep bond of the family with Mr. Bernabé Baldeón-García as well as the obstacles that said family members encountered in their quest to uncover the truth. Based on such circumstances, the Court finds that the victim’s next of kin have experienced great suffering and impotence at the hands of the State authorities to the detriment of their mental and moral integrity as a result of the arrest, torture and subsequent extrajudicial execution of the victim. 76 Cf. Case of López-Álvarez, supra note 6, para. 119; Case of Caesar, supra note 1, para. 60; and Case of the “Mapiripán Massacre”, supra note 1, paras. 144 and 146.

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