because they are least prepared to adapt or respond to this situation and, unfortunately, are those
who suffer from its excesses disproportionately.”348
240. In the instant case, the Court has found proved that, as a result of the events of December
13, 1998, in the village of Santo Domingo, six boys and girls died and another 10 were injured
(supra para. 70), who had been seen by the aircraft pilots.349 In addition to what has already been
indicated, as will be seen below several children of Santo Domingo were forced to displace (infra
para. 267).
241. Having analyzed the foregoing, the Court finds that the State failed to comply with its
obligation to provide special protection to the children affected by the events of Santo Domingo,
because it did not meet its special obligation of protection in the context of a non-international
armed conflict. Consequently, the Court considers that the violations to the right to life and
personal integrity declared previously must be understood in relation to the violation of Article 19
of the Convention to the detriment of the children who died, namely Jaime Castro Bello, Egna
Margarita Bello Tilano, Luis Carlos Neite Méndez, Deysi Katherine (or Catherine) Cárdenas Tilano,
Oscar Esneider Vanegas Tulibila and Geovany Hernández Becerra; and of the children who were
injured, namely: : Alba Yaneth García Guevara, Marcos Aurelio Neite Méndez, Erinson Olimpo
Cárdenas, Hilda Yuraime Barranco Bastilla, Ricardo Ramírez, Yeimi Viviana Contreras, Maryori
Agudelo Flórez, Rosmira Daza Rojas, Neftalí Neite González and Lida Barranca.
B.5.
The alleged violation of the right to integrity of the next of kin
242. In numerous cases, the Court has considered that the next of kin of the victims of human
rights violations may, in turn, be victims.350 In this regard, the Court finds it pertinent to clarify
some aspects of its case law in relation to the determination of violations to the personal integrity
of the next of kin of victims of certain human rights violations351 or other persons with close ties to
such victims.352 Indeed, the Court considers that it can declare the violation of the right to mental
and moral integrity of the direct family of victims of certain human rights violations applying a iuris
tantum presumption with regard to mothers and fathers, daughters and sons, husbands and wives,
permanent companions, and siblings (hereinafter “direct next of kin”), provided that this responds
to the specific circumstances of the case.353 In the case of these direct next of kin, it corresponds
to the State to disprove this presumption. In the other scenarios, the Court must analyze whether
the evidence in the case file proves a violation of the right to personal integrity of the presumed
victim, whether or not the latter is a relative of any other victim in the case, in which case, it will
assess, for example, whether there is a particularly close tie between them and the victims in the
case that allows the Court to consider the violation of the right to personal integrity.354 In the
instant case, the Court observes that, according to an expert psychological opinion provided, the
348
Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs, para. 156.
349
In the Skymaster video it is possible to hear that, at 08:39:18, one of the pilots of the aircraft distinguishes
“around 40 people […] in civilian clothing” and adds “there are also children among them.” After the bomb has been
dropped, it is also possible to hear from the recording that, at different moments, children were identified among the
inhabitants: at 10:14:37 a.m.; 10:19:00 a.m.; 10:19:09 a.m.; 10:25:22 a.m.; 10:27:44 a.m., and 10:33:06 am.
350
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador, para. 197, and Case of the Mapiripán
Massacre v. Colombia. Merits, reparations and costs, para. 146. See also, Case of Contreras et al. v. El Salvador. Merits,
reparations and costs, para. 120; Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34,
fourth operative paragraph; Case of Gelman v. Uruguay, para. 133, and Case of Gomes Lund et al. (Guerrilha do Araguaia)
v. Brazil, para. 235.
351
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 192, para. 119 and Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para.
114.
352
Cf. Case of Valle Jaramillo et al. v. Colombia, para. 119, and Case of Trujillo Oroza v. Bolivia. Reparations and
costs. Judgment of February 27, 2002. Series C No. 92, para. 57.
353
Cf. Case of Valle Jaramillo et al. v. Colombia, para. 119, and Case of the Barrios Family v. Venezuela, para. 302
354
Cf. Case of Valle Jaramillo et al. v. Colombia, para. 119, and Case of Blake v. Guatemala. Merits. Judgment of
January 24, 1998. Series C No. 36, para. 114.
‐ 71 ‐