49 before the lack of investigation of the facts and punishment of those responsible, eleven years after the occurrence of the facts. 127. In its assent, the State did not refer expressly to the alleged violation of Article 5 of the Convention, in detriment of the victims’ next of kin. 128. This Court has mentioned, on repeated opportunities,86 that the next of kin of the victims of violations of human rights may be, at the same time, victims. The Tribunal has considered the right to mental and moral integrity of some of the victims’ next of kin violated based on the suffering they have undergone as a consequence of the specific circumstances of the violations committed against their loved ones and based on the subsequent actions or omissions of state authorities regarding the facts. 129. Having analyzed the circumstances of the case, the Court considers that the illegality and arbitrariness of the arrest of Marco Antonio Servellón García and of Rony Alexis Betancourth Vásquez, the torture and cruel, inhuman, or degrading treatment to which they were submitted, and the extreme cruelty of their extrajudicial killing, breached the right to humane treatment of Messrs. Reyes Servellón Santos and Bricelda Aide García Lobo, parents of Marco Antonio Servellón García, and of Messrs. Manases Betancourth Núñez and Hilda Estebana Hernández López, parents of Rony Alexis Betancourth Vásquez. Regarding the mother of Orlando Álvarez Ríos, Mrs. Antonia Ríos, who left Honduras since the year 1989, and who currently lives in the United States of America, this Tribunal has not found enough elements in the body of evidence of the present case to verify an infringement to her personal integrity due to the death of her son. 130. The Court observes that at the time of his death, Diomedes Obed García Sánchez lived in a welfare house for street children and the whereabouts of his next of kin were unknown, from which we can conclude that said family members had interrupted their ties with the victim, thus an infringement to their rights as a consequence of the facts of this case cannot be established. The aforementioned is reflected in the lack of location of the father and other family members of the victim throughout the domestic proceeding and during the processing of the present case before the bodies of the Inter-American system, after eleven years of the occurrence of the facts. Therefore, this Court considers that the right to humane treatment enshrined in Article 5 of the American Convention of Mr. Diomedes Tito García Casildo, father, Ester Patricia García Sánchez, Jorge Moisés García Sánchez, and Fidelia Sarahí García Sánchez, siblings of Diomedes Obed García Sánchez, was not violated. 131. On the other hand, in what refers to Mr. Concepción Álvarez, father of Orlando Álvarez Ríos, and Mrs. Andrea Sánchez Loredo, mother of Diomedes Obed García Sánchez, since they passed away prior to the occurrence of the facts of the case sub judice, this Tribunal will not issue a ruling regarding the alleged violation to their right to humane treatment. 132. In what refers to the sister of Orlando Álvarez Ríos, Mrs. Dilcia Álvarez Ríos, the Court considers that it is necessary to point out that the victim lived with her at 86 Cfr. Case of Ximenes Lopes, supra note 3, para. 156; Case of Baldeón García, supra note 3, para. 128; and Case of Gómez Palomino, supra note 7, para. 60.

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