22
Mr. Bueno-Alves also maintains strong and affective ties with his other children and grandchildren,
which indicates that there is a family unit that gives him emotional support.59
102. On other occasions the Court has stated that the next of kin of the victims of
violations to human rights may be, in turn, victims themselves.60 Among other issues, it
should be considered whether there exists a close family tie, the particular circumstances of
the relationship with the victim, the manner in which the next of kin witnessed the events
that constitute a violation and the degree of involvement in the quest for justice and the
answer provided by the State to the different steps undertaken.61
103.
In this case, in order to support the emotional bond necessary to consider the next
of kin as victims of the facts in violation of Article 5 of the American Convention, there is
evidence only as to the relationship between Mr. Bueno-Alves and his mother,62 former
spouse,63 and children,64 but there is no evidence which proves the relationship with his
siblings, grandchildren, son-in-law, and daughter-in-law. Furthermore, the evidence
submitted is not sufficient to prove that the death of his mother and his brother may be
attributed to the facts endured by the victim.
104. In view of the foregoing, the Court considers that only the family members belonging
to the closest circle of Mr. Bueno-Alves, that is to say, his mother, his former spouse, and
his children are victims of the violation of Article 5(1) of the American Convention, in
relation to Article 1(1) thereof, due to the emotional damage caused by the torture inflicted
upon Mr. Bueno-Alves by State agents and the subsequent denial of justice.
X
ARTICLE 8 (RIGHT TO A FAIR TRIAL)65 AND 25 (JUDICIAL PROTECTION)66 IN RELATION TO
ARTICLE 1(1) THEREOF (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION
59
Cf. Report of social worker Rull of March 16, 2007 (record of evidence filed by the State to facilitate the
adjudication of the case, folios 5624 and 5625).
60
Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 335; Case of Vargas-Areco, supra note
14, para. 83, and Case of Goiburú et al, supra note 15, para. 96.
61
Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 335; Case of Servellón-García et al,
supra note 15, para. 128, and Case of Bámaca-Velásquez, supra note 45, para. 163.
62
Tomasa Alves-De Lima, Mr. Bueno-Alves’ mother, died on January 28, 2001, i.e. after the facts. Cf. Death
certificate issued by the Office of Civil Registry of Uruguay on February 16, 2001 (record on the merits, Volume III,
folio 1309).
63
Inés María del Carmen Afonso-Fernández was married to Bueno-Alves until October 20, 1993, i.e. after
the facts. Cf. Decree of Divorce No. 140 of October 20, 1993 (record on the merits, Volume III, folios 1289 and
1290).
64
Mr. Bueno-Alves’ son and daughters are: Juan Francisco Bueno and Ivonne Miriam Bueno and Verónica
Inés Bueno. Cf. Birth certificates of October 26, 1975 and January 26, 1977, issued by the General Department of
Civil Registry of Uruguay, Family Book No. 482488 of Roldán-Bueno, issued by the Office of Civil Registry of
Buenos Aires (record on the merits, Volume III, folios 1037, 1294, and 1292).
65
Article 8(1) (Right to a Fair Trial) of the Convention sets forth that:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a
criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or
any other nature.
66
Article 25(1) (Right to Judicial Protection) of the Convention sets forth that:
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