3
9.
The prosecution of those who must face the consequences of their conduct,
under the concept of criminal responsibility, contributes to the obligation to
guarantee the observance of rights, according to Article 1 of the Inter-American
Convention on Human Rights. However, it not the only means to this end, if
domestic law provides others of a concurrent or complementary nature that allow
progress to be made on some points of law leading to the re-establishment of the
order that has been disrupted and a response to the legitimate interests of the
victims. It is possible that progress can be made on the path to justice using these
other measures, regulated by national norms, in the understanding that this does not
disregard or annul the criminal route, when the latter is applicable and according to
the merits of the case. Evidently, the settlement of certain issues concerning
pecuniary reparation, although not irrelevant, does not eliminate the other
requirements for justice inherent in the State’s obligation to guarantee respect for
human rights.
2.
VICTIM
10.
The definition and identification of the victims, for the effects of the judicial
ruling that must be based on law, gives rise to different considerations on which the
Court has reflected. Evidently, the victim or injured party is the possessor of the
legally-protected interest safeguarded by the right established in the American
Convention: life, liberty, safety, property, integrity, etcetera. Thus, the victim is the
person who suffers the harm of the respective right. At times, we have spoken of
direct and indirect victims. Strictly speaking, there is only one relevant category for
the purposes of the Convention: the victim or injured party, who merits the
reparations authorized by the Convention that cannot be accorded to other
categories of individuals, unless this is by the transfer of rights, a matter traditionally
covered by domestic law.
11.
When we speak of a direct victim, we refer to the individual against whom the
illegal conduct of the State agent is directed immediately, explicitly and deliberately;
the individual who loses his life, whose integrity or liberty is harmed, who is deprived
of his patrimony, thereby violating the provisions of the Convention that establish
these rights. And, when we refer to indirect victim, we allude to an individual who
does not suffer this illegal conduct in the same way – immediately, directly and
deliberately – but who also sees his own rights affected or violated, from the impact
on the so-called direct victim. The damage suffered by the indirect victim is an effect
of the damage suffered by the direct victim, but when the violation affects him, he
becomes an injured party himself – rather than by derivation – based on the
Convention and on the rights established therein.
12.
Essentially, both are victims according to the strict meaning of the word;
namely, direct victims or simply “victims,” even though the violations that affect
them, usually successively, are different. In the one case, for example, the person
who loses his life or suffers torture is the original victim of the violation of Articles 4
and 5 of the Convention. His next of kin are, or may be, victims of the violation of
Article 5 owing to the severe impairment of their physical or moral integrity as a
result of the loss of life or torture. Finally, there may be victims of the aftereffects of
the original act with their own entity; for example, owing to the denial of access to
justice for the investigation and prosecution of those responsible. The individuals
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