“For purposes of the present document, ‘victims’ are persons who individually or collectively
suffered harm, including physical or mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights, through acts or omissions that constitute gross
violations of international human rights law, or serious violations of international humanitarian law.
Where appropriate, and in accordance with domestic law, the term ‘victim’ also includes the
immediate family or dependants of the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent victimization”.’®
48.
Regarding
the
content
of the
notion
of closest
international jurisprudence is not rigorously uniform.
American Court of Human
relatives
of the
direct victim,
Whereas, for instance, the Inter-
Rights has in some cases considered closest relatives as
fathers, mothers, children and spouses'®, it has in most cases also included brothers and
sisters of the direct victim.”
1 In the same vein; Committee on Human Rights: Shirin Aumeeruddy-Cziffra and 19 Other Mauritian
Women v. Mauritius, Decision of 9 April 1981, Communication 035/1978, para. 9.2: "A person can only
claim to be a victim in the sense of article 1 of the Optional Protocol if he or she is actually affected. It is a
matter of degree how concretely this requirement should be taken"; ECHR: Aslakhanova v, Russia,
Judgment of 18 December 2012, para. 133: "...the applicants, who are close relatives of the disappeared
men, must be considered victims of a violation of Article 3 of the Convention, on account of the distress and
anguish which they suffered, and continue to suffer, as a result of their inability to ascertain the fate of their
family members and of the manner in which their complaints have been dealt with."
18 See for example: |ACHR: Bulacio v. Argentina (Merits, Reparation and Costs), Judgment of 18
September 2003, para. 85; IACHR: Chitay Nech and Others v. Guatemala, (Preliminary Objections, Merits,
Reparations and Costs), Judgement of 25 May 2010, para 220: “ ...this Tribunal has found that it can
declare a violation of the right to physical and moral integrity of the direct next of kin of victims of certain
violations of human rights such as forced disappearance, by applying a presumption juris fantum
regarding mothers and fathers, sons and daughters, husbands and wives, and permanent domestic
partners (hereinafter, ‘direct next of kin’), so long as this corresponds to the particular circumstances of the
case. Regarding the said direct next of kin, it corresponds to the State to rebut the said presumption”,
IACHR: Gonzalez Medina and Others v. Dominican Republic, (Preliminary Objections, Merits, Reparations
and Costs), Judgment of 27 February 2012, para. 270.
‘7 See for example: IACHR: Loayza Tomayo v. Peru, (Reparations and Costs) Judgment of 27 November
1998, para. 92; IACHR: Myrna Mack v. Guatemaia, (Merits, Reparations and Costs), Judgement of 25
November 2003, para. 243; IACHR: /tuango Massacres v. Colombia, (Preliminary Objections, Merits,
Reparations and Costs), Judgment of 1 July 2006, para. 264: "In keeping with its case law ... the Court
considers that the adequately-identified immediate next of kin are the direct descendants and ascendants
of the alleged victim, namely: mother, father, children, and also siblings, and spouse or permanent
16
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