35
We are being told at our faces like if we do not know that we are nobody and we
demand that, since we have the burden of being terrorists or subversive; we cannot
even defend, as we would like, the respect that we deserve […] therefore, we do not
have even the right to get indignant, to claim for anything because we have that title
written all over on our faces. That is what happened to my brother Rommel when my
brother Kenneth was arrested, he was investigated for fifteen days, but in the
newspapers of that time it was published that my brother Rommel was the subversive
one since he worked in a mine field, he is a mechanical engineer and what the
newspapers published was that he wanted to blow the towers up. Since I had studied
chemical engineering, then I was the one who prepared the bombs. However, when the
investigation was conducted, my brother Rommel was never arrested, neither did I, but
the newspapers published news about us; at that time, nobody wanted to hire [Rommel]
since he was branded as a terrorist; therefore, he had to leave [...] he went to Spain
since he said "mother, everyone looks at me, they do not trust me, I can no longer work
anywhere"; that is why my brother had to leave the country126.
110. In this connection, it spring from the affidavit rendered by Mr. Rommel
Anzualdo Castro, the powerless he felt before the disappearance of his brother and
the subsequent feeling of anguish. He also mentioned that his life plan was affected
for what happened to his brother.127
111. In addition, in the psychological expert examination that contains the
evaluation of three next-of-kin of Mr. Anzualdo Castro, it was verified that the
disappearance had an irreparable and traumatic impact on the family group and that
a series of factors affected their health condition.128
112. Regarding the argument of the State about the non-existence of a causal link
between the disappearance of Mr. Anzualdo Castro and the cancer development in
his mother, in fact, no evidence has been furnished in order to consider this proven.
However, in several cases serious human rights violations brought to this Tribunal's
attention, the Court has verified physical damage suffered by the victims' next-of-kin
as a consequence of the emotional or psychological damage caused by such
violation129. In this way, the Court deems reasonable to consider that the health of
Mrs. Castro Cachay de Anzualdo has considerable deteriorated as a result of intense
emotional distress inflicted due to her son’s disappearance. For example, according
to the testimonies furnished, the health of Mrs. Iris Isabel deteriorated, until she
died, after the publication of the book “Muerte en el Pentagonito”, which detailed the
possible fate of Mr. Anzualdo.130 This has not been contested.
113. Furthermore, based on the foregoing terms (supra para. 102), before the
facts of forced disappearance, the State had the obligation to guarantee the right to
humane treatment of the next-of-kin also by means of effective investigations. In
other cases, the lack of effective remedies has been regarded by the Court as an
126
Statement rendered by Marly Arleny Anzualdo Castro at the public hearing held before the InterAmerican Court on April 2, 2009.
127
See affidavit rendered by Rommel Darwin Anzualdo Castro on March 9, 2009 (record of evidence,
volume XI, pages 4335-4339).
128
Cf. psychological expert reports made by Carlos Jibaja Zarate of Felix Vicente Anzualdo Vicuña,
Marly Arleny Anzualdo Castro and Rommel Darwin Anzualdo Castro (record of evidence, volume XI, pages
4386, 4392 and 4399).
129
Cf. among others, Case of Juan Humberto Sánchez V. Honduras. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, para. 166; Case of La Cantuta V.
Peru,, supra note 58, para. 126; and Case of Heliodoro Portugal V. Panamá, supra note 58, para. 169 and
256.
130
Cf. death certificate of Iris Isabel Castro Cachay de Anzualdo of October 26, 2006 (record of
evidence, volume VIII, appendix 3 to the brief of pleadings and motions, page 2706).
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