31 forced disappearance of persons, the violation of the right to psychological and moral integrity of the victim’s next of kin is, precisely, a direct consequence of the disappearance, which causes them, by the fact itself, serious suffering that is further aggravated by the state authorities’ continued refusal to provide information on the victim’s whereabouts or to open an effective investigation to find the truth.42 60. The Tribunal has weighed the particular circumstances of this case, particularly the close nature of the emotional bond between the next of kin and Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández, the fact that some of the aforementioned next of kin witnessed the detention of the victims and the ill-treatment afforded them, the official refusal to provide information on the events, and the blocking of the efforts made by such next of kin to find out the truth about the events. Based on said circumstances and the State’s acknowledgement of responsibility, the Court considers it a proven fact that the victims’ next of kin have suffered a great deal, to the detriment of their psychological and moral integrity, due to the forced disappearance of the victims. Furthermore, the lack of information on the whereabouts of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández has further aggravated the suffering of their next of kin. 61. In the light of said acknowledgement of responsibility, it is the Court’s view that Venezuela violated the rights enshrined in Articles 5(1) (Right to Humane Treatment), 8(1) (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the next of kin of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández, namely: Alejandra Josefina Iriarte de Blanco, Gisela Romero, Aleoscar Russeth Blanco-Iriarte, Oscar Alejandro José Blanco-Iriarte, Orailis del Valle Blanco, Edwar José Blanco, Teodora Paz de Hernández, Roberto Aniceto Hernández, Nélida Marina Hernández-Paz, Aida Benirgia Hernández-Paz, Mirna Esperanza Hernández-Paz, Aleidy Maritza Hernández-Paz, Brizania Hernández-Paz, Reina Alejandra Antune-Paz, Ramón Alberto Paz, Carlos Paz, Nélida Josefina Fernández-Pelicie, Francisco Jeremías Rivas, Eneida Josefina Rivas-Fernández, Yelitza Isabel Rivas-Fernández, Luis Ernesto Rivas-Fernández, Rubén Alexis RivasFernández, Miguel Enrique Galindo-Fernández, and José Daniel Rivas-Martínez. Likewise, the State failed to comply with its obligation under Article 8 of the InterAmerican Convention to Prevent and Punish Torture, to the detriment of the abovelisted next of kin of Messrs. Oscar José Blanco-Romero, Roberto Javier HernándezPaz and José Francisco Rivas-Fernández. Likewise, Venezuela violated Article 8(2) (Right to a Fair Trial) of the American Convention, in relation to Article 1(1) thereof, to the detriment of Mrs. Alejandra Josefina Iriarte de Blanco, by preventing her, at the September 6, 2002 preliminary hearing before the Fifth Criminal Trial Court for Vargas State, as a Control Court, from exercising her right to state the grounds for her petition in connection with the prosecution’s case and by preventing her attorney from presenting his power of attorney, thus blocking him from pressing criminal 42 Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 146; Case of 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 211; and Case of Bámaca-Velásquez. Judgment of November 25, 2000. Series C No. 70, para. 160.

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