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and their next of kin, alteration of the living conditions of the next of kin, and
the other non-pecuniary and financial or property-related consequences for
the next of kin. Therefore, the Court must take into account the collective,
unidentified, and individualized perspectives. In situations such as those
suffered by the survivors and the next of kin of the victims, the grief and its
effects transcend the sphere of the individual, reaching that of the family and
community;
b)
the consequences of the damage stemming from the massacre are
various, including the physical and moral damage inflicted on the direct
victims; the moral damage inflicted on those closest to them; detriment to
the pecuniary situation of the next of kin of the victims; and fear amongst the
inhabitants of the town; and
c)
the next of kin of the victims have suffered their loss under especially
traumatic and violent circumstances, also undergoing a situation of terror and
uncertainty that led to their own displacement and, in many cases, to
remaining silent to protect themselves. Furthermore, the slowness and
difficulties in the development of the investigations and the fact that only a
small number of those responsible have been prosecuted and even less have
been incarcerated magnifies the suffering of the next of kin.
280.
Pleadings of the representatives
a)
the feelings of family disintegration, insecurity, frustration, anguish
and powerlessness of these victims stemmed from several situations: (i) loss
of a beloved one; (ii) the brutality of the facts; (iii) the threats, harassment,
and attempts against their lives after the bloody facts; (iv) the fact that they
were forced into displacement from their place of residence; (v) the
difficulties they suffered due to the displacement, such as stigmatization,
unemployment, hunger, family separation, lack of access to healthcare
services and education, lack of housing, among other situations; (vi) denial of
justice; (vii) impossibility, to date, of knowing the whereabouts of those
missing;
b)
the families underwent treatment with psychologists and therapists
due to the impact of the facts and the way their next of kin were tortured,
murdered, and forcibly made to disappear. This causes mental disorder in
any human being;
c)
the disappearances caused grave harm to each and every next of kin
who experienced anguish and constant anxiety for not knowing the
whereabouts of their beloved ones. Likewise, the situation of the victims
whose relatives were made to disappear during the facts in Mapiripán is one
of uncertainty that “places the family in an impossible position of never
completed grieving, worsens the suffering, and obstructs the grieving
process;”
d)
the brutality of the crime must be taken into account for purposes of
compensation:
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