they have endured was due to the actions or omissions of State authorities388, taking into account, inter alia, the proceedings carried out to obtain justice and the existence of a close family relationship389. It has also been declared the violation of this right due to the suffering endured as a result of the violations committed against their loved ones. 390 250. For the Court, it is clear that the State’s role in creating or worsening a person’s situation of vulnerability has a significant impact on the integrity of the persons who know him or her, especially on close family members who face the uncertainty and insecurity created by the violation of their immediate family or close relatives.391 Thus, for example, in the case of Yean and Bosico, the Court concluded that the State had violated Article 5 of the Convention to the detriment of the girls’ mothers and siblings, since the “vulnerable situation that the State imposed on the Yean and Bosico girls created uncertainty and insecurity, because of the very real fear that they could be expelled from the Dominican Republic, of which they were nationals, due to their lack of birth certificates, and to the various difficulties they faced in obtaining these documents.”392 Similarly, in the case of Albán Cornejo concerning a case of medical malpractice, the Court established that the failure of the judiciary to investigate the death of Laura Albán affected he personal integrity of her parents.393 251. In order to determine whether in this case there was a violation of the right to mental and moral integrity of Sebastián Furlan’s family, the Court will analyze: i) the impact on the family group as a whole, and ii) the specific situation of each of the four members of Sebastián Furlan’s family, his parents and his two siblings. The Court considers that the argument presented by the State, namely that the family had not exhausted the domestic remedies in relation to the alleged violation of Article 5 of the American Convention, is not admissible since it was not formally presented as a preliminary objection at the appropriate procedural moment. 252. From the testimonies rendered by the alleged victims, the Court emphasizes the continuous nature of the impact that the facts of this instant case had on the family of Sebastián Furlan. In this respect, Mr. Danilo Furlan declared that394: i) "the roles of the entire family were transformed, [he] devoted all [his] time to Sebastián; Susana had to work in order to prevent the family from becoming poorer”; ii) “ [his] son’s lack of recovery caused many sad things to happen in the family, [he] even got divorced due to the tension and distress existing in the entire family"; iii) “[e]verybody had to stop taking care of their own things to help and devote time to Sebastián, try to help him since the State fail[ed] to do it, but nothing was sufficient”; and vi) “currently, they do not have a good family social 388 Cf. Case of Vera Vera et al. v. Ecuador, Preliminary Objection, Merits, Reparations and Costs. Judgment of May 19, 2011. Series C No. 226, para. 104. 389 Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, para. 163, and Case of Vera Vera et al. v. Ecuador, para. 104. 390 Cf. Baldeón García v. Peru, para. 128, and Case of Ximenes Lopes v. Brazil, para. 156. Cf. Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series C No. 130, para. 204. 391 392 Cf. Case of the Girls Yean and Bosico v. Dominican Republic, paras. 205 and 206. 393 Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, Reparations and Costs. Judgment of November 22, 2007. Series C No. 171, paras. 47 to 50. 394 Affidavit of Danilo Furlan, (Merits file, pages 686, 689, 692 and 693). 79