49
D.
Violation of the rights to family and humane treatment
[personal integrity] to the detriment of Mr. Juan Gelman.
133. The facts also affected Juan Gelman's right to personal integrity, in particular,
the right to respect his psychological integrity enshrined in Article 5(1) of the
Convention, given that the next of kin of the victims of human rights violations may
be, in turn, victims, 155 and in cases that involve the enforced disappearance of
persons, it is possible to understand that the violation of the right to psychological
and moral integrity of the family of the victim is a direct consequence of this
phenomenon, causing them severe pain as a consequence of the act itself, that
which is heightened, among other factors, by the continued refusal of State
authorities to provide information about the whereabouts of the victim or to initiate
an effective investigation to ascertain that which occurred.156 Moreover, the
deprivation of access to the truth regarding the whereabouts of a disappeared person
constitutes a form of cruel and inhumane treatment to the close relatives157 and
which entails harm to the psychological and moral integrity of the direct next of kin
of the victims of certain human rights violations. 158
134. The violation of the right to personal integrity in the case of Juan Gelman is
also apparent, due to the consequences he suffered because of the facts of the case
and to the search for justice. In his testimony before the Court, Mr. Juan Gelman
stated that not knowing the truth of what occurred to María Claudia affected him
deeply; and that besides the fact that he was deprived of the lives of his son and of
his daughter in law, he was also deprived of 23 years of his granddaughter’s life,
whom he did not see grow up, take her first steps, nor hear her say the words
“grandpa”, to which, all of the above, created a feeling of emptiness, which he, as
well as Macarena, are both trying to overcome and surpass looking forward towards
the future, as they face the impossibility of recreating the past. Expert witness
Deutsch pointed out that Juan Gelman can speak about the facts, but that it is
difficult to express his feelings as a “matter of double modesty: personal, and also
for not (emotionally) carrying the other one.” Besides imagining the last moments of
Marcelo and Maria Claudia’s lives, he faced some obstacles to get her
granddaughter’s search going, due to an inability to focus, and he has chosen not to
supra note 8, pages 5006 and 5007, and Resolution of the President of the Republic No. 858/2000,
supra note 23, which highlights the need to "take steps possible to determine the status of the Detained
Disappeared Persons in the de facto regime, as well as children disappeared under the same conditions,"
page 277.
155
Cf. Case of Castillo Páez V. Perú. Merits. Judgment of November 3, 1997. Series C No. 34, Punto
Resolutivo cuarto; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 126, and Case of Gomes
Lund et al. (Guerrilha do Araguaia), supra note 16, para. 235.
156
Cf Case of Blake V. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para.
114; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 126, and Case of Gomes Lund et al.
(Guerrilha do Araguaia), supra note 16, para. 241.
157
Cf. Case of Trujillo Oroza, supra note 12, para. 114; Case of Ibsen Cárdenas and Ibsen Peña,
supra note 9, para. 130, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para.
240.
158
Cf. Case of Valle Jaramillo et al. V. Colombia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 192, para. 119; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9,
para. 127, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 235.
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