35 116. Considering these elements, and the acknowledgement made by the State, the Court finds that in the 14-year term that took the domestic jurisdiction to carry out the investigation of the events exceeds openly a reasonable term for the State to perform the related investigation and constitutes a flagrant denial of justice to the detriment of the next of kin of Blanca Jeannette Kawas-Fernández. 117. Moreover, in cases as the one analyzed herein, pursuant to Articles 8(1) and 25 of the American Convention, the relatives of the deceased victim have the right to know the truth of the events141 and such right requires the procedural determination of the most complete historical truth as possible.142 The relatives of the victims also have the right, and the States the obligation, to have any damage and loss the sustained repaired.143 In this sense, the State has the duty to repair directly and essentially those human rights violations for which it is responsible.144 The Court finds that, as of the date of this Judgment, the relatives of Mrs. Blanca Jeannette Kawas-Fernández have had no judicial determination of the events and those responsible therefor, covering the reparation of violations, the clarification of the facts regarding the execution of Mrs. Kawas-Fernández and if applicable, the punishment of those responsible. The circumstances described above constitute a source of additional anguish and suffering to them (infra para. 139). 118. Based on the considerations above, the Court finds that the investigation opened in the domestic jurisdiction has not guaranteed true right to justice for the relatives of the deceased victim, which constitutes a violation of their rights to judicial protection and judicial guarantees, in accordance with the terms of Articles 8(1) and 25 of the American Convention. 119. Considering the acknowledgment made by the State (supra para. 28), the Court has verified that the individuals listed below are the relatives of Mrs. Blanca Jeannette KawasFernández; therefore, they will be considered victims in the instant case: Blanca Fernández,145 mother; Jacobo Kawas-Cury,146 deceased father; Jaime Alejandro WattKawas,147 son; Selsa Damaris Watt-Kawas,148 daughter; Carmen Marielena Kawas141 Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 181; Case of Ticona-Estrada et al. Merits, Reparations and Costs, supra note 8, para 80, para. 289; and Case of Heliodoro-Portugal. Preliminary Objections, Merits, Reparations and Costs, supra note 123, para. 244. 142 Cf. Case of the Rochela Massacre. Merits, Reparations and Costs, supra note 87, para. 195; and Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 155. 143 Cf. Case of Durand and Ugarte V. Perú. Merits. Judgment of August 16, 2000. Series C No. 68, para. 130, and Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 103. 144 Cf. Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations and Costs, supra note 8, para. 155. 145 Cf. birth certificate of Mrs. Blanca Jeannette Kawas-Fernández (record on the Merits, volume III, folio 675). 146 Cf. birth certificate of Mrs. Blanca Jeannette Kawas-Fernández (record on the Merits, volume III, folio 675). 147 Cf. birth certificate of Mr. Jaime Alejandro Watt-Kawas (record of appendixes to the brief of requests and arguments, folio 1797). 148 Cf. birth certificate of Mrs. Selsa Damaris Watt-Kawas (record of appendixes to the brief of requests and arguments, folio 1798).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos