or collectively
"For purposes of the present document, 'victims' are persons who individually
ic loss or
suffered harm, including physical or mental injury, emotional suffering , econom
te gross
substantial impairment of their fundamental rights, through acts or omissions that constrtu
arian law.
violations of international human rights law, or serious violations of international humanit
includes the
Where appropriate, and In accordance with domestic law, the term 'victim' also
harm in
Immediate family or dependants of the direct victim and persons who have suffered
15
intervening to assist victims in distress or to prevent victimization".
48. Regarding the content of the notion of closest relatives of the direct victim,
Interinternational jurisprudence is not rigorously uniform . Whereas, for instance, the
s as
American Court of Human Rights has In some cases considered closest relative
6
s and
fathers, mothers, children and spouses1 , it has in most cases also included brother
sisters of the direct victim.17
19 Other Mauritian
In the same vein: Committee on Human Rights. Shirin Aumeeruddy-Cziffra and
9 2 "A person can only
Women v Mauritius , Decision of 9 April 1981 , Communtcation 035/197 8, para.
actually affected It is a
ts
she
or
he
if
claim to be a victim in the sense of article 1 of the Optional Protocol
Aslakhanova v. Russia,
matter of degree how concretely this requtrement should be taken"; ECHR:
of the disappeared
Judgment of 18 December 2012, para. 133. • ... the applicants, who are close relatives
of the distress and
account
on
ion,
men, must be considered victims of a VIolation of Article 3 of the Convent
ascertain the fate of their
anguish which they suffered, and continue to suffer. as a result of their inability to
family members and of the manner In which their complaints have been dealt with."
16
Judgment of 18
See for example · IACHR. Bulacio v Argentma (Ments, Reparation and Costs),
ns, Ments,
ObJectio
ary
September 2003, para 85; IACHR Chitay Nech and Others v. Guatemala , (Prelimin
has found that It can
Reparations and Costs), Judgement of 25 May 2010, para 220: " .. this Tribunal
kin of v1cttms of certain
declare a violation of the right to phystcal and moral Integrity of the direct next of
/uris tantum
tion
violations of human rights such as forced disappearance, by applying a presump
16
permanent domestic
regarding mothers and fathers, sons and daughters, husbands and wives, and
circumstances of the
r
particula
the
to
nds
correspo
this
partners (hereinafter, 'direct next of ktn'), so long as
said presumptiOn".
the
rebut
to
State
case. Regarding the said direct next of kin, tt corresponds to the
ns, Merits, Reparations
IACHR Gonzalez Medina and Others v Dominican Republic , (Preliminary Objectio
and Costs), Judgment of 27 February 2012, para. 270
t of 27 Novembe r
See for example : IACHR: Loayza Tomayo v. Peru, (Reparations and Costs) Judgmen
Judgement of 25
1998, para 92; IACHR: Myrna Mack v Guatemala, (Merits, Reparations and Costs),
s. Merits,
Objection
ary
(Prelimin
November 2003, para. 243; IACHR: ltuango Massacres v. Colombia ,
case law ... the Court
Reparaltons and Costs), Judgment of 1 July 2006, para 264. "In keeping with tts
ants and ascendants
considers that the adequately-tdentified immedtate next of kin are the direct descend
or permanent
spouse
and
siblings,
also
and
of the alleged victim, namely· mother. father, children,
17
16