51
of Rony Alexis Betancourth Vásquez. Likewise, the State did not deny the
relationship between the victim and Ana Luisa Vargas Soto, reason for which this
Tribunal considers that she was his partner at the time of the facts. Finally, this
Tribunal has not found sufficient evidentiary elements to establish that a meaningful
infringement was produced to Mrs. Norma Estela Bustillo as a consequence of the
facts of the present case.
138. In what refers to the child Zara Beatris Bustillo Rivera, this Court points out
that, due to her condition of a minor, the presence of her father was essential for her
full development. As a consequence of the extrajudicial killing of Rony Alexis
Betancourth Vásquez, she has grown up without a father figure. Regarding Ana Luisa
Vargas Soto, partner of Rony Alexis Betancourth Vásquez, this Tribunal, in
consideration of the violent circumstances of the arrest and extrajudicial killing of her
partner, when he was under the custody of state authorities, it concludes that they
have caused her suffering and pain. This Court considers that the State is
responsible for the breach of the mental and moral integrity of Zara Beatris Bustillo
Rivera and Ana Luisa Vargas Soto.
*
*
*
139. The previous considerations lead the Court to conclude that the State is
responsible for the violation of the right to humane treatment enshrined in Article
5(1) of the American Convention, in relation to Article 1(1) of said treaty, in
detriment of the next of kin of Marco Antonio Servellón García, Messrs. Reyes
Servellón Santos, father, Bricelda Aide García Lobo, mother, and Marja Ibeth Castro
García, sister; of the next of kin of Rony Alexis Betancourth Vásquez, Messrs.
Manases Betancourth Núñez, father, Hilda Estebana Hernández López, mother, Zara
Beatris Bustillo Rivera, daughter, and Ana Luisa Vargas Soto, partner, and of the
sister of Orlando Álvarez Ríos, Mrs. Dilcia Álvarez Ríos.
IX
VIOLATION OF ARTICLES 8(1) AND 8(2), 7(6) AND 25(1) OF THE AMERICAN
CONVENTION,
IN RELATION TO ARTICLE 1(1) OF THE SAME
(Right to a Fair Trial, Personal Liberty, Judicial Protection,
and Obligation to Respect Rights)
140. The Court in Chapter VI concluded in light of the State’s acknowledgment of
its international responsibility, that it violated Articles 7(6), 8(1) and 25(1) of the
American Convention, in detriment of Marco Antonio Servellón García, Rony Alexis
Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez, for
not having guaranteed an effective protection through the writ of habeas corpus, and
that the State violated Article 8(2) of the Convention for not having respected the
principle of presumption of innocence, in detriment of the mentioned victims.
Likewise, the Tribunal admitted the violation of Articles 8 and 25 of the Convention,
in detriment of the next of kin of Marco Antonio Servellón García, Rony Alexis
Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez for
the lack of an adequate investigation of the case. In consideration of said assent, the
Court will not summarize the arguments presented by the parties. However, the
Court determined with regard to Articles 8 and 25 of the American Convention that
there was still controversy with regard to the non-compliance of Article 8 of the