Ecuador violated the right to truth, derived from Articles 8(1), 13(1), and 25(1) of the American
Convention, in relation to Article 1(1) of the same instrument, to the detriment of the relatives of
Fredy Núñez Naranjo.
VII.3
RIGHT TO HUMANE TREATMENT156
A.
Arguments of the Commission and the parties
121. The Commission stated that the forced disappearance of the alleged victim has generated
a deep sense of pain, anguish, and uncertainty in their relatives, which has been worsened by
violations of due process and judicial protection, "including their long search for justice, [... the
lack] of clarification about what [... happened] [to] their loved one" and the absence of
"procedure[s ... ] to provide them with protection" against threats received from the parents of
Fredy Núñez Naranjo, "as a consequence of their search for justice." According to the Commission,
constitutes a violation of the right to humane treatment, established in Article 5(1), in relation to
the obligations provided for in Article 1(1) of the same instrument, to the detriment of the relatives
of Fredy Núñez Naranjo identified in the Merits report.
122. In their final written arguments, the representatives agreed that the State violated Article
5 in relation to 1(1) of the Convention to the detriment of the relatives of Fredy Núñez Naranjo.
123. The State opposed the alleged violation. In this regard, he noted that he made the necessary
judicial remedies available to the relatives of Fredy Núñez Naranjo to carry out the criminal
proceedings and arranged mechanisms allowing them to participate, ensuring their procedural
guarantees and access to the justice system.
124. Regarding the alleged threats against the relatives of Fredy Núñez Naranjo, it was noted
that, even though they did not file any complaint and "it has not been possible to prove the
existence of a threat context that limited their right to access justice and that can be attributed to
the Ecuadorian State,” as a precaution, the mechanism of the National System for Protection and
Assistance to Victims, Witnesses and Other Participants in the Criminal Process (SPAVT) of the
Prosecutor General was activated, and since October 2020, they have been under protection.157
B.
Considerations of the Court
125. On numerous occasions, this Court has cautioned that the family of the victims of certain
human rights violations may, in turn, also be considered as victims, because of the suffering
caused by the violations committed against their loved ones or due to later acts or omissions on
the part of State authorities.158 In this regard, in cases of forced disappearance, the Court has
observed that uncertainty surrounding the whereabouts of loved ones is one of the main sources
of psychological and moral suffering for the relatives of disappeared victims.159 In addition,
according to the Working Group on Enforced or Involuntary Disappearances, "[e]nforced
156
Cf. Article 5(1) of the American Convention in relation to Article 1(1) of the same instrument.
Cf. Report No. FGE-DNSPAVT-2023-021 issued by the Prosecutor General's Office on February 2, 2023 (case file of
evidence, page 1796).
157
158
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
Flores Bedregal et al. v. Bolivia, supra, para. 159.
159
Cf. Case of Isaza Uribe et al. v. Colombia, supra, para. 165, and Case of Movilla Galarcio et al. v. Colombia, supra,
para. 173.
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