Parties the obligation to investigate conduct that is prohibited by those treaties and to
punish those responsible. (supra paras. 90 and 109).
X
RIGHT TO HUMANE TREATMENT [PERSONAL INTEGRITY] WITH REGARD
TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS WITH RESPECT TO
MARÍA LEONTINA MILLACURA LLAIPÉN, FABIOLA VALERIA TORRES, AND
MARCOS ALEJANDRO TORRES MILLACURA
140. The Court also accepts the acknowledgment of responsibility made by the State
with regard to the suffering caused to Mrs. María Leontina Millacura Llaipén and Mrs.
Fabiola Valeria Torres, as well as Mr. Marcos Alejandro Torres Millacura, as a
consequence of the enforced disappearance of Mr. Torres Millacura. This constitutes a
violation of Article 5 of the American Convention (supra para. 36). The Tribunal will now
refer to the proven facts in order to later specify the scope of this violation.
A.
Non-disputed facts.
141. The State recognized that “the suffering experienced by the relatives of Iván
[Eladio Torres Millacura] due to [his] illegal and arbitrary deprivation of liberty […], the
lack of information on his whereabouts, his disappearance, and the lack of investigation
into what happened, as well as the powerlessness and anguish suffered during years of
inactivity by State authorities toward bringing the facts to light and punishing those
responsible, despite repeated requests and complaints to authorities over more than six
years,” constituted the basis for which the family members should be considered
victims of cruel, inhumane, and degrading treatment.
B.
Considerations of the Court.
142. The Court has found, in numerous cases, that the family members of the victims
of human rights violations can themselves be victims. 155Particularly, in cases involving
the enforced disappearance of persons, it is possible to understand the violation of the
right to psychological and moral integrity of the family members of the victims as a
direct consequence of this phenomenon, as the fact itself of the enforced disappearance
causes them severe suffering. This suffering increases due to, among other factors,
State authorities’ consistent refusal to provide information on the whereabouts of the
victim or to initiate an effective investigation to establish what occurred. 156 Also, this
Court has established that the deprivation of truth with regard to the whereabouts of
the victim of enforced disappearance entails a form of cruel and inhumane treatment
for close family members.157
143. In this case, in addition to the acknowledgment of international responsibility
made by the State the Court observes that Mrs. Millacura Llaipén complained repeatedly
of the enforced disappearance of her son before State authorities, without receiving
155
Cf. Case of Castillo Páez V. Perú. Merits. Judgment of November 3, 1997. Series C No. 34, Operative
Paragraph 4; Case of Chitay Nech et al. V. Guatemala, supra note 69, para. 220, and Case of Ibsen Cárdenas
and Ibsen Peña V. Bolivia, supra note 14, para. 126.
156
Cf. Case of Blake V. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114;
Case of Radilla Pacheco V. México, supra note 23, para. 161, and Case of Chitay Nech et al. V. Guatemala,
supra note 69, para. 220.
157
Cf. Case of Trujillo Oroza V. Bolivia, supra note 14, para. 114; Case of Gomes Lund et al. (Guerrilha
do Araguaia) V. Brazil, supra note 70, para. 240, and Case of Gelman V. Uruguay, supra note 76, para. 133.
44
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