112
subjects of International Human Rights Law. It is understood that the above, pertaining
to other rights, adheres to the facts already contained in the application.269
225. On the other hand, this Court has stated, in previous cases, that the next of
kin of the victims of violations of human rights may, in turn, be victims.270 In the
Villagrán Morales case, State authorities impeded elucidation of the facts pertaining
to the case, which intensified the suffering of the next of kin. In face of said
circumstances, the Court described the impact on the next of kin as “the feeling of
insecurity and impotence caused to the next of kin by the failure of the public
authorities to fully investigate the corresponding crimes and punish those
responsible.”271
226. In the instant case, the Court also takes into account the situation faced by
the next of kin of Myrna Mack Chang as a consequence of the threats, following,
harassment, and intimidation that they have suffered, as methods to stop them from
continuing their efforts to attain justice with the aim of punishing all those
responsible for the execution of Myrna Mack Chang (supra paras. 127.c and 127.d).
227. Specifically, on June 7, 2002, Helen Mack Chang, sister of the victim and
President of the Myrna Mack Foundation, received a death threat issued by a group
calling itself ‘Guatemaltecos de verdad’. Due to said threat, as well as information on
an operation that was being prepared to attempt against her life, Helen Mack Chang
had to leave Guatemala for some time. Furthermore, on July 25, 2002, unknown
persons attempted to enter her home without identifying themselves.
228. In view of the facts described above, on August 9, 2002, the Inter-American
Commission submitted to this Court a request for provisional measures in favor of
Helen Mack Chang and other members of the Myrna Mack Foundation. On August 26
of that same year, the Court decided to adopt the provisional measures and ordered
the State to adopt, forthwith, such measures as might be necessary to protect the
life and safety of Helen Mack Chang and other members of the Myrna Mack
Foundation (supra para. 60).
229. During the public hearing held in the instant case before the Court, Lucrecia
Hernández Mack (supra para. 127.c) also stated that:
[…] being precisely in a state of insecurity affects us emotionally because we have not
been able to close any circle of grieving as a family. […] No one in our family is willing
to show vulnerability or weakness due to the situation of insecurity in which we live. […]
And on the other hand, we can say that we are all constantly trying to adopt security
measures. […] Even the dynamics among us, if something bad happens to one of us,
we do not tell each other so that the others do not worry. […] I would just like to
mention in my grandmother’s case and, well, I also include myself, the possibility of
something happening sometime to my aunt Helen is something that causes us incredible
anguish. It is an overly heavy emotional burden to think that I can lose a second
mother or that my grandmother can lose a second daughter.
230. Likewise, during the public hearing at the seat of the Court (supra para.
127.d), Helen Mack Chang stated that:
269
“Five Pensioners” Case, supra note 9, paras. 153, 154 and 155.
270
Cf. Juan Humberto Sánchez Case, supra note 9, para. 101; Bámaca Velásquez Case, supra note
250, para. 160; and “Street Children” Case (Villagrán Morales et al.), supra note 8, para. 176.
271
Cf. “Street Children” Case (Villagrán Morales et al.), supra note 8, para. 173.
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