47 representatives to support the suffering of Mrs. Maria Lidia Ortega, -namely that “she has taken over the care of [her grandchildren] when necessary to allow [Mrs. Fernández Ortega] to carry out the steps required in the pursuit of justice,” are not consistent with the testimonies of Mrs. Fernández Ortega, her husband, and daughter, regarding the consequences of the search for justice, which involved, as was indicated, that the children were left alone (supra para. 146). 153. Regarding Messrs. Lorenzo and Ocotlán Fernández Ortega, the representatives referred to suffering experienced by the rape of their sister and the lack of justice. Mr. Lorenzo Fernández Ortega, because of the support he offered his sister in the pursuit of justice, was tortured until he was murdered. While the preliminary investigation opened by this fact indicated that the body of Mr. Lorenzo Fernández Ortega, found dead on February 10, 2008, had numerous injuries,138 and that Mrs. Fernández Ortega and the others affirm that said fact is related to this case, 139 the Court notes that this involves generic claims that lack evidentiary support. As such, the Court does not have sufficient evidence to establish the causal link between the aggression suffered by Mr. Lorenzo Fernandez with the facts of the present case. Similarly, the Court has no evidentiary testimony, expert or documented, which demonstrates the existence of a violation of the right to personal integrity of Mr. Ocotlán Fernandez Ortega. 154. Based on the foregoing, the Court does not find as proven the violation of the right to personal integrity enshrined in Article 5(1) of the Convention, under Article 1(1) thereof, to the detriment of María Lidia Ortega, Lorenzo, and Ocotlán Fernández Ortega. F. Interference in the family residence 155. The representatives affirmed that the members of the Army invaded the residence of the victim and her next of kin in an arbitrary manner, to which they requested the Court declare a violation of the right to private life enshrined in Article 11(2) of the Convention, to the detriment of Mrs. Fernández Ortega and her family. 156. This Court has established that the alleged victim, her next of kin, or her representatives can evoke Rights distinct from those in the application of the Commission, based on the same facts presented by it.140 157. Moreover, the Court has established that the protection of private life, family life, and residence, implies the recognition that a personal space exist that must be free and immune from abusive or arbitrary invasions or aggressions by third parties or the public authorities. In this regard, an individual’s home and private and 138 Cf. Public Prosecutor’s Office of the Common Jurisdiction of Allende. Preliminary Investigation ALLE/SC/01/032/2008 opened for murder, supra note 30, folios 5714 to 5725. 139 Mrs. Fernández Ortega stated: “[a]lso in the month of February of [2008], my brother Lorenzo Fernández Ortega, who was always accompanying me and giving me advise and encouragement to continue seeking justice, was found dead and tortured. […] instead of giving me justice for the rape they did to me, they killed my brother who supported me a lot and always helped me,” Cf. Sworn statement before public notary of Mrs. Fernández Ortega, supra note 62, folio 1489. In similar terms, cf. Psycho-social expert opinion of Mrs. Correa González, supra note 113, folios 1612 and 1613, and sworn statement before public notary of Noemí Prisciliano Fernández, supra note 68, folio 1495 140 Cf. Case of “Five Pensioners” v. Perú. Merits, Reparations, and Costs. Judgment of February 28, 2003. Series C No. 98, para. 155; Case of González et al., (“Cotton Fields”), supra note 15, para. 232, and Case of Manuel Cepeda Vargas, supra note 18, para. 49.

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