20
90.
In sum, the duty to investigate constitutes an imperative obligation of the state that
derives from international law and cannot be disregarded or conditioned by domestic acts or
legal provisions of any nature. As has been stated by the Court, in cases of serious breaches
to fundamental rights the imperious need to avoid the repetition of said facts depends, to a
great extent, on the avoidance of their impunity and satisfying the right of both victims and
society as a whole to have access to the knowledge of the truth of what happened. The
obligation to investigate constitutes a means to guarantee said rights, and failure to comply
with it brings about the State’s international responsibility.54
91.
In the next chapter of this Judgment, the Court will analyze in detail the proceedings
initiated to investigate the torture endured by Mr. Bueno-Alves; however, the Court
considers that in the first place it should analyze how the lack of judicial relief affected Mr.
Bueno-Alves’ personal integrity.
92.
Indeed, the Commission argued that
the psychological damage caused by the acts of torture was compounded by the fact that his claims
before judicial authorities were dismissed. Mr. Bueno-Alves made his best efforts to overcome the
impunity prevailing in the instant case, but the only answer he received were recurrent denials from
judicial authorities. The suffering and anguish originated in the torture and deepened due to
persistent impunity.
93.
The representative submitted arguments in the same line and the State has not
challenged any of these allegations.
94.
The psychological expert examination carried out on instructions from the President
of the Court (supra para. 37) shows that:
the lack of relief by the Argentine judicial system […] has affected [Mr. Bueno-Alves]. The degree of
damage is serious as it resulted in a delirious, depressive, and adaptive syndrome.
[…]
The proceedings that [Mr. Bueno-Alves] claims to have started and the lack of response thereto,
which have acted as chronic stressful factors, have contributed to his inability to work.55
95.
Based on the foregoing, the Court considers that the lack of judicial relief affected
Mr. Bueno-Alves’ personal integrity, thus rendering the State responsible for the violation of
the right enshrined in Article 5(1) of the Convention, in relation to Article 1(1) thereof, to
the detriment of the victim.
B)
Regarding Juan Francisco Bueno-Alves’ next of kin
96.
Both the Commission and the representatives pointed out that Mr. Bueno-Alves’ next
of kin have been affected by the facts of the case. In fact, the representative stated that
one of his brothers, Delcio Ventura Bueno-Alves, and his mother, Tomasa Alves-De Lima
had been deeply affected by Juan Francisco’s misfortune and their health was severely
affected, which later caused their death. The Commission and the representative have
identified Mr. Bueno-Alves’ next of kin (on behalf of whom they requested reparation) as
follows: Tomasa Alves-De Lima (mother); Delcio Ventura Bueno-Alves and Manuel BuenoAlves (brothers); Inés María del Carmen Afonso-Fernández (ex wife); Juan Francisco Bueno
54
Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 347; Case of Vargas-Areco, supra note
14, para. 81, Case of Goiburú et al., supra note 15, paras. 164 and 165, and Case of Montero-Aranguren et al.
(Detention Center of Catia). Judgment of July 5, 2006. Series C No. 150, paras. 137, 139, and 141.
55
Cf. Expert’s report (affidavit) of doctors Ravioli, Taragano, Nievas, and Schlenker (record on the merits,
Volume III, folios 1063 and 1064).
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