44
Portugal, Mr. Portugal’s daughter, testified at the Court’s public hearing: “my mother,
carrying my brother, and I went to the prisons to look for him, and to the hospitals […]. We
went to all the prisons, and they said he was not there.”137 Patria Portugal also stated:
I have suffered so much from the loss of my father, not from his death itself […], more
than from his death, from his disappearance, the fact that he was beaten, tortured,
disappeared, leaving his family unprotected and not knowing where he was. This is the
greatest crime of all because we did not where he was.138
169.
Franklin Portugal also testified with regard to his sister and his mother:
My mother [Graciela De León] suffered a great deal, and the effects of her husband’s
disappearance remain with her still. She suffers from nerves and high blood pressure.
My sister has also suffered a lot; I always found her crying, thinking that my father
would return some day.139
Regarding the effect that the disappearance of Heliodoro Portugal had on his next of kin, the
psychologist, Jacqueline Riquelme, indicated that, until the body was found, the
disappearance allowed the next of kin to hope that they would find their loved one alive; but
the “alive/dead” status of the disappeared did not allow them to experience the natural
mourning process and to end a long process of pain and separation.140
170. The State’s actions in response to the efforts of Mr. Portugal’s next of kin added to
the suffering caused by his disappearance.
171. In this regard, Franklin Portugal De León stated that his mental and moral integrity
had been affected by the fact that “there has not been a definite response [from the State
about what happened to his father] and the guilty parties remain free and unpunished.”
Franklin Portugal receives psychiatric and medical care to treat these effects.141
172.
Moreover, regarding Patria Portugal, the psychologist, Jacqueline Riquelme, testified:
In the psychological reactions of the daughter Patria, who was the most active in the
search for truth, one can observe defense mechanisms, predominantly of
disassociation while filing the report and during the judicial proceedings, alternating
with periods of depression, rage, hyperactivity and despair, especially because of the
impossibility of obtaining justice and recognition.142
173. As stated in the previous chapter (supra paras. 152-159), in addition to failing to
diligently investigate the disappearance in order to clarify what happened, determine those
responsible and punish them, the State cast doubt publicly on the results of the first DNA
test that identified the remains found in the Tocumen barracks in 1999 as those of Heliodoro
Portugal (supra paras. 97 and 131). This caused Heliodoro Portugal’s next of kin anxiety,
anguish, frustration, and feelings of powerlessness, since the only action taken by the State
in more than nine years was directed at refuting the results of the DNA tests that the next
137
Testimony given by Patria Portugal before the Inter-American Court, supra note 44.
138
Testimony given by Patria Portugal before the Inter-American Court, supra note 44.
139
Statement made before notary public by the witness Franklin Portugal De León on December 28, 2007
(file of affidavits and the corresponding observations, f. 8919).
140
Cf. Testimony given by the psychologist, Jacqueline Riquelme Caniuñir, supra note 136.
141
Cf. Testimony given by Franklin Portugal De León, supra note 139, f. 8920.
142
Testimony given by the psychologist, Jacqueline Riquelme Caniuñir, supra note 136, f. 9096.
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