93
She considered that the judgment by the Inter-American Court in this case will have
a very favorable impact for the indigenous peoples, as they “will have the hope that
justice is applied equally to all citizens”, and that physical, moral, and political
reparations will be obtained.
e)
Testimony of Emily Jones, attorney and PhD in Education, a United
States citizen
She has had a close friendship with Jennifer Harbury for over 20 years, and she
described her as a happy person during her relationship with Mr. Efraín Bámaca
Velásquez. She stated that the disappearance and subsequent search for him deeply
affected her emotionally. As a consequence of what happened, Mrs. Harbury had to
temporarily interrupt her professional career as an attorney and, although she
received support from her family, she had to sell all her belongings, even her home,
and become indebted to obtain funds to continue the search for her husband.
c) EXPERT EVIDENCE
21.
At the public hearing on November 28 and 29, 2001, the Court heard the
expert opinion offered by the representatives of the victims and the Inter-American
Commission, summarized as follows:
Expert opinion of Anna Deutsch, with a licenciate degree in clinical
psychology and a masters degree in transcultural psychotherapy and
evaluation and treatment of the psychological consequences of trauma; she
is the clinical director of a program for torture victims in Los Angeles,
United States of America.
The expert witness stated that forced disappearance of a person has a profound
psychological impact on his or her next of kin, because not knowing what happened
to that person, they are unable to begin the emotional process of dealing with that
death and being able to “adjust to the absence of the beloved one”, and this results
in psychic imbalance or destructuring. Furthermore, during this process the next of
kin attempt to find out the truth about what happened, and when those responsible
are not found “this does not allow them to process it either, nor to grieve”.
In this type of situations, the pain never goes away, and despite the passing of time,
“minimal things that remind them of the missing person, or of the fact or
circumstances, suffice to renew absolutely all the prior suffering”.
When the next of kin know that a person is suffering torture, their “suffering is even
greater than the real suffering of physical torture”, as it is a long-lasting
psychological torture. The possibility that the detainee is subject to torture is “an
unbearable suffering for the persons who know this”, and even though it may be less
painful to assume that he or she has died, this is an unacceptable thought, because
“in thinking this person dead [they are] killing him or her”. Therefore, they go back
to considering that the detainee is alive, which means that he or she is being
tortured, and this generates “a vicious circle of torturing thoughts”.
As regards Jennifer Harbury, the expert witness was able to ascertain that
disappearance of her husband has profoundly affected her psychological state.
When she learned that something had happened to Efraín Bámaca Velásquez, the
level of emotional pain, general tension, and anxiety was extreme, to the point that