94
it had physical repercussions, such as muscular pain or gastric problems. Some of
the consequences, such as retaining vivid images, insomnia –caused by the wish not
to sleep and thus to avoid nightmares-, a deep depression and fatigue, and the
“impossibility of feeling happy, of enjoying the things that she used to enjoy very
much”, continue to date, in a set of symptoms called a post-traumatic disorder.
Furthermore, when she heard that Efraín Bámaca Velásquez was dead, she went into
“a quite significant depression that caused concern”. Today, Mrs. Harbury feels
remorse for not having done more to search for her husband, even if that is not true.
As regards the sisters of Efraín Bámaca Velásquez, they continue to have a feeling of
powerlessness and great sadness, and they still wish and hope that Mr. Bámaca
Velásquez shows up. Even though they know that their brother is dead, “there is still
some doubt, because they do not have the remains”, they have not seen his dead
body.
There are close ties of affection in the Bámaca Velásquez family, especially because
they belong to an indigenous culture where there is much family cohesion. Even the
already deceased members of the group are still “in the current constellation of the
family”, because there has been no rupture of emotional family ties. Nevertheless,
because they do not have his body, they have not been able to hold a special
ceremony to honor Efraín Bámaca Velásquez. It is important to recover his mortal
remains “to be able to honor Efraín, to have him close by and to return him or take
him to live with the ancestors”, as well as for the new generations to be able to
share and learn about his life, as is the tradition in his indigenous culture.
Identification and criminal punishment of those responsible for the violations are also
necessary for the psychological process of acceptance of the loss of the family
member.
In her professional opinion, it should be recommended that the next of kin and Mrs.
Harbury receive professional psychological treatment, which would help in their
process of recovery.
*
*
*
d) EVIDENCE ASSESSMENT
22.
The body of evidence in a case, as a unique totality, is formed by the
evidence submitted during all stages of the proceedings11; thus, evidence submitted
by the parties during the merits stage is also part of the evidence to be considered
during the current stage.12
23.
The representatives of the victim have filed an ECLAC mortality table,13 and
though this provides a parameter to carry out calculations of pecuniary damages,
11
See Cantoral Benavides Case, Reparations, supra note 5, para. 34; Mayagna (Sumo) Awas Tingni
Community Case, supra note 7, para. 98; and Villagrán Morales et al. Case, Reparations, supra note 5,
para. 53.
12
13
See Bámaca Velásquez Case, supra note 6, para. 91-120.
See Summarized tables on mortality in Guatemala 1995-2000, Table 21 of ECLAC, Appendix 6 to
the brief of the representatives of the victims in Volume I, Evidence, at the Secretariat of the InterAmerican Court of Human Rights, f. 019.