that the next-of-kin of victims of certain human rights violations may, in turn, be considered victims.214 In that
regard, the Court has ruled that their right to mental and moral integrity [may be] violated based on the ...
particular circumstances of the violations perpetrated against their loved ones and owing to the subsequent
acts or omissions of the State authorities in relation to the facts.215
172.
Specifically with respect to cases where a complete and effective investigation was lacking,
as in this matter, the Court has held that:
The absence of a complete and effective investigation into the facts constitutes a source of
additional suffering and anguish for victims and their next of kin, who have the right to know
the truth of what happened. This right to the truth requires a procedural determination of
the most complete historical truth possible, including the determination of patterns of
collective action and of all those who, in different ways, took part in the said violations, as
well as their corresponding responsibilities.216
173.
Based on the foregoing, the Commission considers that the disappearance of a loved one and
the lack of a thorough and effective investigation which in turn causes pain if the truth is not revealed, in
themselves constitute harm to the mental and moral integrity of the members of Mayra Angelina Gutiérrez's
family. The IACHR also notes that Ms. Gutiérrez's family have said that they are also afraid that something
similar might happen to them. It is clear to the Commission that the anguish that the victim's family have
endured in the quest to obtain justice and uncover the truth about what happened, the lack of effective
protection, and the profound suffering and radical change wrought on their lives have harmed their wellbeing.
174.
Accordingly, the Commission concludes that the State violated the right respect for mental
and moral integrity enshrined in Article 5(1) of the American Convention in connection with the duty to
ensure rights recognized in Article 1(1) thereof, to the detriment of Mayra Angelina Gutiérrez’s family: her
daughter Ángela María del Carmen Argüello Gutiérrez, her sisters Ángela and Nilda Gutiérrez, and her brother
Armando Gutiérrez.
VI.
CONCLUSIONS
175.
Based on the factual and legal considerations set out above, the Inter-American Commission
concludes that the State of Guatemala is responsible for violation of the rights to life, humane treatment, a fair
trial, equal protection and non-discrimination, and judicial protection recognized at Articles 4, 5, 8, 24, and 25
of the American Convention taken in conjunction with the obligations enshrined in Article 1 (1) of that
international instrument, to the detriment of the persons named in each section of this report. The
Commission also concludes that the State violated the duty to investigate recognized in Article I(b) of the
Inter-American Convention on Forced Disappearance of Persons.
176.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
214 I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C No. 167, par. 112; and Case of Bueno-Alves v. Argentina. Merits, Reparations and Costs.
Judgment of May 11, 2007. Series C No. 164, par. 102.
215 I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C No. 167, par. 112; and Case of Vargas-Areco v. Paraguay. Judgment of September 26, 2006.
Series C No. 155, par. 96.
216 I/A Court H.R., Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 192, par. 102; I/A Court H.R., Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11,
2007. Series C, No. 163, par. 195; Case of Heliodoro-Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs. Judgment
of August 12, 2008. Series C No. 186, par. 146; and Case of García-Prieto et al v. El Salvador. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 20, 2007. Series C No. 168, par. 102.
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