On numerous occasions, the IACtHR has recognised the violation of the right to personal integrity of the direct victims’ relatives because of the additional suffering that they have experienced due to the circumstances of the violations committed against the direct victims and the subsequent acts or omissions of the State authorities concerning those acts, including the lack of an investigation. [...] Complexity: This element refers to the number of victims, the complexity of the facts and evidence, the time elapsed since the violation, and the context, among other factors. [...] Nepal, the HRC found that compensation provided by the State to the victim’s family for the rape and killing of a 16-year-old girl was not commensurate to the gravity of the facts. [...] The Court concluded that the State had failed to protect the victims due to the lack of effective measures adopted to find the victims when their relatives reported their disappearances to the authorities. [...] The authorities must also determine the severity and impacts of the violations on the victims, including physical and mental harm, and the costs of medical and psychological treatment, to direct the responsible public entity to provide comprehensive reparation in addition to the criminal investigation and sanction of those responsible.
- Pages
- 49
- Published in
- United Kingdom
