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ranking official; (b) it deems the crime continuous, in spite of the fact that the
conduct is permanent; (c) it circumscribes the criminal conduct to illegitimate
detentions, when it is possible that a detention that is legitimate at the outset results
in the forced disappearance of the detainee; and (d) it establishes the sentence of
imprisonment in a penitentiary facility, which entails forced labor, cell confinement
and civil interdiction, all of which violate the principles of fair trial and fair
punishment.
As for Venezuelan case law development, the expert witness indicated that, up to the
present date, the Criminal Chamber of the Supreme Court of Justice has not adopted
a position on the crime of forced disappearance of persons.
5.
Claudia E. Carrillo-R., psychologist
The expert witness referred to the post-traumatic effects suffered by the victims´
next of kin. The natural disaster which occurred on December 15 and 16, 1999 is
relevant for these families, since it explains the state of vulnerability they showed
when the events took place.
As for Gisela Romero, Oscar José Blanco-Romero’s mother, the loss of her son was a
traumatic event, charged with extreme grief, uncertainty, helplessness and
psychological handicap. She feels a great deal of sadness, anger and guilt, which
have grown worse due to the lack of information regarding Oscar’s whereabouts, to
impunity, and to investigation delays. She shows symptoms of depression, which are
characterized by feelings of worthlessness and a permanent feeling of grief and
irritability. She hopes to find her son and expects to receive reparations for the
damages resulting from his six-year absence. She also has difficulties to fall asleep,
and to express her feelings and thoughts regarding her son’s whereabouts. Mrs.
Romero would rather imagine Oscar being detained somewhere in the country than
to consider him to be dead. The latter would mean to endure a heavy blow from
which she would not be able to recover.
As for Alejandra Blanco, Oscar José Blanco-Romero’s wife, she finds it difficult to talk
about what happened and to express details about the events. During the tragedy,
she lost track of time and, found herself disoriented and incapable of making
decisions. She witnessed Oscar’s violent detention and the destruction of her
property and personal belongings. She feels guilty for not having been able to
prevent the detention from occurring. Moreover, she has difficulties to fall asleep,
she feels lonely and empty, and keeps everything to herself in order not to pass on
her pain to her children, who remember their father and hope that he will return
home. Even her older daughter, Aleoscar, does not accept the idea that her father is
dead, and therefore avoids talking about it.
Ms. Teodora Paz de Hernández shows depression symptoms, such as sadness,
negative thoughts, and recurrent memories related to her son’s disappearance,
contained anger, and difficulty to relate to her family and her social environment.
She also shows difficulty to express and remember details about the events and the
information regarding her family, which is a common cognitive alteration people
suffer from after having experienced deep traumatic and stressful situations. Since
her son’s disappearance, she has difficulties to fall asleep, she has lost her appetite,
and she frequently bursts into tears. There are times in which she accepts that her
son could be dead and she shows resignation, but there are other times in which she