111
public authorities placed obstacles to steps for disinterment, and there
was an official refusal to supply information regarding the whereabouts
of the mortal remains of Efraín Bámaca Velásquez, for which reason
this Court reached the conclusion that Mrs. Harbury suffered cruel,
inhuman, and degrading treatment.68 All this situation has caused
deep anguish as has been corroborated in the expert opinion of expert
witness Deutsch and in various testimony;69
b)
as regards José León Bámaca Hernández and the sisters, Egidia Gebia
and Josefina Bámaca Velásquez, the Court reiterates that it is not
necessary to prove non pecuniary damage regarding the parents,70
and regarding the sisters of the victim it is reasonable to assume that
as members of the family they cannot have been indifferent to the loss
of their brother.71 In any case, this Court deems that the affective
relationship between Mr. Bámaca Velásquez and his father and sisters
has been proven during the procedural stage (supra 35). Efraín
Bámaca Velásquez entered the URNG, and consequently lost contact
with his family nucleus, which at that time included his father and
sisters, but this loss of contact resulted, as was proven in the merits72
from the situation of armed conflict that Guatemala was going
through73 and the army’s practice of extracting information from the
detainees, and from those participating in any insurgent activity, and
to the fear of his next of kin of the sufferings the armed forces might
inflict upon them.74 It is the opinion of this Court that such were the
causes of the apparent distance between Efraín Bámaca Velásquez and
his next of kin and that it was not due, as the State has argued, to
severed family ties. In this case it must be added that given the
specific characteristics of Mayan culture, of the Mam ethnic group, the
loss of the emotional and economic support of the elder son brought
great suffering to the Bámaca Velásquez household. On the other
hand, they have suffered the emotional consequences of not having
been able to bury the mortal remains of Efraín Bámaca Velásquez; and
c)
as regards Alberta Velásquez (supra 36), the sister of Efraín Bámaca
Velásquez on his mother’s side, the Court reiterates that in the case of
siblings, the degree of relationship and affection between them must
68
Bámaca Velásquez Case, supra note 6, para. 165.
Among others, the testimony of Mrs. Harbury, of Patricia Davis, of James Harrington, and of
Emily Jones, rendered at the Court during the Merits and Reparations stages (supra 22).
69
70
See Cantoral Benavides Case, Reparations, supra note 5, para. 61.a); Villagrán Morales et al.
Case, Reparations, supra note 5, para. 66; Paniagua Morales et al. Case, Reparations, supra note 5, para.
108; Castillo Páez Case, Reparations, supra note 6, para. 88; Loayza Tamayo Case, Reparations, supra
note 6, para. 142; Garrido and Baigorria Case, Reparations, supra note 48, para. 62; and Aloeboetoe et
al. Case, Reparations, supra note 40, para. 76.
71
See Cantoral Benavides, Reparations, supra note 5, para. 61.d); Villagrán Morales et al. Case,
Reparations, supra note 5, para. 68; and Paniagua Morales et al. Case, Reparations, supra note 5, para.
110.
72
With the testimony, among others, of Santiago Cabrera López and Otoniel de la Roca Mendoza.
73
Bámaca Velásquez Case, supra note 6, para. 121 b).
74
Bámaca Velásquez Case, supra note 6, para. 121 f) and g).
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