argued that the State had violated the right to personal integrity established in Article 5(1) of the
American Convention, in conjunction with Article 1(1). Furthermore, in its final written observations, the
Commission noted that Ms. Toro, “as a searching mother, had to endure hearing unfounded accounts of
the events.” It also stated that Mr. Tabares Toro's family members have been victims of harassment and
threats and that the insecurity led them to move several times and led “to the exile of Ms. Toro and her
daughter,” which has resulted in the breakdown of the family. It therefore argued that the State had also
violated the rights to protection of the family and protection of honor set forth in Articles 17 and 11 of
the American Convention.
96.
The representatives argued that Mr. Tabares Toro's family suffered many psychosocial impacts
as a result of the disappearance. They also stated that those impacts have been aggravated by the
passage of time; the lack of information about what happened; the lack of a serious, exhaustive, rigorous,
and effective investigation to locate the victim and the secret burial place and to return his remains to
the family; and the absence of concrete results in the investigation to identify those responsible and
punish them. All of this is in addition to the official version of the events given by the National Army and
the institutions investigating the events, “that the soldier fled to join Front 53 of the FARC, an account
that aims to dishonor him, vilify him, and disparage him.” They noted that every forced disappearance
represents for the families “a form of cruel and inhuman treatment, if not torture” and that “the lack of
information on the fate [...] of the disappeared person [...] constitutes a form of cruel and inhuman
treatment.” They emphasized that “the physical and emotional consequences were exacerbated by the
threats received due to María Elena Toro’s tireless efforts [...] in seeking justice and information on the
fate and whereabouts of her son. This situation, among others [...], forced her and her family to relocate
for security reasons four times, as they feared there would be some kind of retaliation or the harassment
would develop into attempts to kill or physically harm them.” They added that the disappearance of the
alleged victim negatively affected family life, with the family being disrupted primarily by the search
efforts of María Elena Toro. Thus, they requested that the State be found responsible for violating Articles
5(1), 5(2), 11, 13, and 17 of the American Convention, in conjunction with Article 1(1). Later, in their
final arguments, the representatives argued that Article 19 of the Convention had been violated, to the
detriment of Mr. Tabares Toro's two minor sisters, because of the effect of the forced disappearance on
them.
97.
The State reiterated what it had stated in its acknowledgment of responsibility concerning the
violation of Articles 5(1), 11, and 17 of the American Convention (supra para. 18), the harm suffered by
the family of serviceman Tabares as a result of the State’s failure to seek justice, and the rootlessness
and stigmatization they suffered.
B. Considerations of the Court
98.
The Court recalls that the alleged victims and their representatives can invoke the violation of
rights not contained in the Merits Report as long as they fall within the factual framework established
by the Commission, as the alleged victims are the ones who hold all the rights enshrined in the American
Convention. 135 In this case, the representatives alleged the violation of Articles 11 and 17 of the
Convention, as well as Article 19 of the same instrument (supra para. 29). The Court will not make
reference in this section to the alleged violation of Article 13 because it was already analyzed in the
previous chapter.
99.
The Court has held on several occasions that the family members of the victims of certain human
rights violations can be victims in their own rights, owing to the additional suffering they have experienced
as a result of the violations perpetrated against their loved ones and due to the subsequent acts or
omissions of state authorities in relation to those events. 136 The Court has stated that in cases of forced
disappearance, “uncertainty surrounding the whereabouts of loved ones is one of the main sources of
135
Cf. Case of the “Five Pensioners” v. Peru. Merits, reparations, and costs. Judgment of February 28, 2003.
Series C No. 98, para. 155, and Case of Angulo Losada v. Bolivia, Preliminary objections, merits, reparations, and
costs. Judgment of November 22, 2022. Series No. 475, para. 25.
136
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case
of Leguizamón Zaván et al. v. Paraguay. Merits, reparations, and costs. Judgment of November 15, 2022. Series C
No. 473, para. 87.
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