suffering owing to the act itself, and which is increased, among other factors, by the constant
refusal of the State authorities to provide information on the whereabouts of the victim or to
conduct an effective investigation to clarify what happened. 358 This allows it to be presumed that
the mental and moral integrity of the family members is harmed. 359 In previous cases, the Court
has established that this presumption is established juris tantum as regards mothers and fathers,
children, spouses, and permanent companions, provided that this is in keeping with the specific
circumstances of the case. 360 However, in a recent judgment involving an enforced disappearance,
it considered that this presumption is also applicable to the siblings of the disappeared victims,
unless the specific circumstances of the case reveal otherwise. 361
228. On previous occasions, the Court has considered that the right to mental and moral integrity
of the next of kin of the victims has been violated owing to the additional suffering that they have
undergone as a result of the particular circumstances corresponding to the violations perpetrated
against their loved ones and because of the subsequent acts or omissions of the State authorities
in relation to these facts. 362 In addition, the Court recalls that it has considered that the constant
refusal of the State authorities to provide information on the whereabouts of the victims or to open
an effective investigation to clarify what happened increases the suffering of the family
members. 363
229. The Court recognizes that the mother, the permanent companion and some of the siblings
of Jeremías Osorio Rivera devoted time to trying to obtain information on the detention situation of
the presumed victim and, subsequently, with regard to his whereabouts. 364 On receiving
information on the supposed release, without being able to locate Mr. Osorio Rivera, they insisted
and obtained imprecise information (supra para. 157) and judicial proceedings that did not allow
the family members to know the truth of what happened to the victim and his whereabouts (supra
para. 220). In this regard, the Court takes into account his mother, his permanent companion, his
children and his siblings as the members of the victim’s family.
230. The affidavits prepared by the members of Jeremías Osorio Rivera’s family included similar
references to the aftereffects of the alleged disappearance on their lives, including frustration
because of the duration of the proceedings, physical ailments, changes in some life projects,
depression, irritability, confusion, accompanied by a situation of limited financial resources. 365
Furthermore, an expert appraisal by Carlos Alberto Jibaja Zárate reveals the impact on the next of
kin of Jeremías Osorio Rivera of the alleged violations of their human rights – in particular, owing
358
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
García and family members v. Guatemala, supra, para. 161.
359
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of García and family members v.
Guatemala, supra, para. 161.
360
Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of García and family members v. Guatemala,
supra, para. 161.
361
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 286.
362
Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Rosendo Cantú et al. v. Mexico. Preliminary
objection, merits, reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 137.
363
142.
Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Torres Millacura v. Argentina, supra, para.
364
Cf. Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio
5305); Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folio 5311), and
Statement made by Porfirio Osorio Rivera before the Inter-American Court during the public hearing on August 29, 2013.
365
Cf. Affidavits prepared by Santa Fe Gaitán Calderón, Silvia Osorio Rivera, Edith Laritza Osorio Gaytán and Aquiles
Román Atencio on August 14 and 15, 2013 (evidence file, volume XI, affidavits, folios 5303 to 5325).
82
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents