37
123. In conclusion, pursuant to the partial acknowledgment of responsibility made in the
instant case, the Court finds that the Honduras violated the rights set forth in Article 4(1) of
the Convention, in relation to the obligation to respect and guarantee rights enshrined in
Article 1(1) thereof, to the detriment of Mrs. Blanca Jeannette Kawas-Fernández.
Furthermore, it considers that the State violated the rights enshrined in Articles 8(1) and 25
of the American Convention, in relation to Article 1(1) of such treaty, to the detriment of
Mrs. Blanca Fernández, Mr. Jacobo Kawas-Cury, Mr. Jaime Alejandro Watt-Kawas, Mrs.
Selsa Damaris Watt-Kawas, Mrs. Carmen Marielena Kawas-Fernández, Mr. Jacobo Roberto
Kawas-Fernández and Mr. Jorge Jesús Kawas-Fernández.
VIII
ARTICLE 5(1) (RIGHT TO HUMANE TREATMENT)154 IN RELATION TO ARTICLE 1(1)
(OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION
124. The representatives requested the Court to find the State of Honduras responsible
for the violation of the right to humane treatment to the detriment of the next of kin of
Blanca Jeannette Kawas-Fernández, pursuant to the provisions set forth in Articles 5(1) and
5(2) of the American Convention, in relation to the general obligation to respect and
guarantee human rights enshrined in Article 1(1) thereof. They alleged that the children,
mother and brothers of Blanca Jeannette Kawas “have suffered serious emotional harm [...]
not only as a result of the premeditated murder of Jeannette, but also as a consequence of
years of impunity” insofar as they “[h]ave witnessed the passivity and incompetence of the
authorities in charge of the investigation and the delay in gaining access to justice as a
result of the omissions and obstructive behavior of public officials seeking to hinder the
proceedings.” In this connection, they stated that “[their] expectations of justice were
thwarted.” The representatives mentioned that the relatives of Blanca Jeannette Kawas “are
frightened by the presence of people in their community who might be involved in the
murder, [which] causes additional stress [that] affects their integrity.”
125. In its Reports on admissibility and Merits, the Inter-American Commission did not
consider that a violation of Article 5 of the American Convention had occurred and,
therefore, did not allege the violation of the right to humane treatment to the detriment of
the next of kin of Blanca Jeannette Kawas-Fernández in the application filed with the Court.
126. The State of Honduras disputed the alleged violation of the right to humane
treatment to the detriment of the next of kin of Blanca Jeannette Kawas-Fernández and
requested the Court to consider the argument raised by the Inter-American Commission in
its Report on the Merits, in which it found that “based on the analysis of the case, there are
no other independent facts that may lead the Commission to conclude that Article 5 of the
American Convention has been violated.”
127.
In accordance with this Court’s precedents, the alleged victim, his or her next of kin
154
In this regard, Article 5 provides that:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons
deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
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