47
2.
No one may be the object of arbitrary or abusive interference with his private
life, his family, his home, or his correspondence, or of unlawful attacks on his honor or
reputation.
3.
Everyone has the right to the protection of the law against such interference or
attacks.
136. Regarding the alleged violation of Article 11 (Right to Privacy) of the American
Convention to the detriment of Maritza Urrutia, alleged by the representatives of the
alleged victim, this Court considers that the facts have given rise to issues that have
been included in the previously established violation of Article 5 (Right to Humane
Treatment) of the American Convention (supra paras. 85 and 98).
XIII
ARTICLE 19
(RIGHTS OF THE CHILD)
Arguments of the representatives of the alleged victim
137. In its brief with final arguments, the representatives of the alleged victim
alleged the violation of Article 19 of the Convention, to the detriment of the son and
the nephew and niece of Maritza Urrutia, with whom she lived at the time of the
abduction and with whom she had a close loving relationship. It was foreseeable that
the sudden disappearance of the alleged victim, mother and aunt, respectively,
would harm these children, affecting their self-confidence and feeling of well-being.
Arguments of the Inter-American Commission on Human Rights
138. The Commission did not refer to the violation of Article 19 of the Convention
alleged by the representatives of the alleged victim.
Arguments of the State
139. The State did not present any specific argument on the alleged violation of
Article 19 of the Convention.
Considerations of the Court
140. With regard to the alleged violation of Article 19 of the Convention, introduced
by the representatives of the alleged victim, which was not included in the brief of
requests, arguments and evidence, but only in the brief with final arguments, the
Court considers that this allegation is time-barred; however, it is not prevented from
examining it, in accordance with the iuri novit curia principle.101 In the instant case,
the Court has acknowledged that the situation experienced by Fernando Sebastián
Barrientos Urrutia, owing to the abduction and detention of his mother, occasioned
him suffering and anguish; it will therefore take this circumstance into consideration
when establishing pertinent reparations (infra paras. 169.a and 170).
XIV
101
Cf. “Five Pensioners” case, supra note 14, para. 156; Cantos case, supra note 90, para. 58; and
Hilaire, Constantine and Benjamin et al. case, supra note 92, para. 107.