Fathers and mothers must produce only an
other equivalent proof.
attestation of paternity or maternity as well as life certificate or any
filiation , as well as their life certificate.
ice
c) Proof of causa l/ink between the wrongful act and the moral prejud
moral prejudice suffered,
55. Regarding the causal link between the wrongful act and the
on of a human right, as
the Court is of the opinion that such link may result from the violati
In the jurisprudence of
an automatic consequence, without any need to prove otherwise.
regard . This Court has
the Inter-American Court , there is even a presumption in that
violations of human rights
indeed declared that there is "a presumption according to which
and a situation of impunity regarding those violations cause
of kin "20 , and that in such
grief, anguish and sadness, both to the victims and to their next
circumstances no proof is required 21
es of Norbert Zongo
56. In the instant case, there is hardly any doubt that the close relativ
from the shortcomings
and his three companions suffered moral damage arising
prosecute and bring
ascribable to the Respondent State for having failed to apprehend,
ber 1998, and in particular
to trial those responsible for the quadruple murder on 13 Decem
out to be fruitless (see
the unduly prolonged procedure which in the end turned
Judgement of 28 March 2014, paras 152 to 156).
Reparations and Costs, para 50..... "the
IACHR: Caracazo v. Venezuela , Judgment of 29 Augus t 2002,
a situation of 1mpun1ty regarding those
presumption according to which violations of human rights and
and to their next of kin''. See in lh1s same
violations cause grief, anguish and sadness, both to the v1ctlms
Judgment of 10 September 1993, para 76;
regard . Idem: Aloeboetoe v. Sunnam, (Reparations and Costs),
ent of 27 Novem ber 1998, para. 140, Idem:
Idem: Loayza Tamayo v. Peru (Reparations and Costs) Judgm
ry 2012 (Prelimmary
Gonzalez Medina and Others v Dominican Republic, 27 Februa
20
Myma Mack v Guatemala, Judgment of 25
Objections. Merits, Reparations and Costs) para 270, Idem·
November 2003 (Merits , Reparations and Costs) , para. 243.
and Costs) , Judgment of 15 September
IACHR: Mapiripan Massa cre v Colombta, (Ments , Reparations
an massacre the Court deems
2005, para. 146' "Beyond the above. in a case such as that of the Maplrip
mental and emotional well-being of the next
that no ev1dence is reqwred to prove the grave Impact on the
of kin of the victims ."
21
19