102 her family, […] and I also know that María Bustos lost her two brothers […]. People said that the town had been emptied[, that] they finished everyone off.211 143. After the facts of July 1997, most of the population of Mapiripán left the town; many of the next of kin were forced into internal displacement in Colombia and, since then, many of them have suffered very bad living conditions (supra para. 96.63 and infra paras. 169 to 189). The facts in this case have generated a deep state of fear, anguish and powerlessness among the next of kin of the victims, which has not allowed them to return to Mapiripán, to file complaints before the authorities regarding the facts, and to participate in the domestic proceedings. This is demonstrated by the fact that only one of the next of kin has, according to the records, been involved in the criminal proceeding as a civil party and that only the next of kin of four executed or missing victims have begun administrative-law proceedings. Said situation has been decisive, also, in the fact it has only been possible to identify the next of kin of some of the victims of the massacre. 144. The next of kin of the victims have suffered damage due to the latter’s disappearance and execution, due to lack of support by State authorities in the search for those missing and the fear to begin or continue the search for their next of kin in face of possible threats. Since most of the victims are missing, the next of kin have not been able to adequately honor their deceased beloved ones. All the above, in addition to affecting their physical and psychological wellbeing, has had an impact on their social and work relations, has altered their family dynamics and, in some cases, has placed the lives and the right to humane treatment of some of their members at risk. (supra paras. 96.141, 96.145 and 96.175). 145. In the instant case, there has not been a complete and effective investigation of the facts of July 1997, as will be analyzed in this chapter and in the section on Articles 8 and 25 of the American Convention (infra paras. 195 to 241). In other cases, said lack of effective remedies has been considered by the Court to be a source of additional suffering and anguish for the victims and their next of kin.212 Due to partial impunity, the next of kin have suffered deep anxiety regarding the possibility of facing hostile actions if they return to Mapiripán. 146. Beyond the above, in a case such as that of the Mapiripán Massacre, the Court deems that no evidence is required to prove the grave impact on the mental and emotional well-being of the next of kin of the victims. Furthermore, the fact that the very circumstances of the case have not allowed the national authorities, as well as this Court, to have more information on other next of kin of the victims, makes it reasonable to presume that all of these, whether identified or not, suffered the extreme circumstances of the massacre or its consequences. Thus, the Court deems that the next of kin of the victims individually identified in this proceeding (supra paras. 96.137 to 96.173), as well as those who have not been identified, must also be considered victims of the abridgment of the right to humane treatment, embodied in Article 5(1) and 5(2) of the Convention, in combination with Article 1(1) of said treaty. 211 See statement by Mariela Contreras Cruz, rendered before the 21st Notary Public’s Office of the Circuit of Bogotá, on December 22, 2003 (file with appendixes to the brief containing pleadings and motions, appendix 69, page 4177). 212 See Case of the Moiwana Community, supra note 4, para. 94, and Case of the Serrano Cruz Sisters, supra note 11, paras. 113 to 115.

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