72 father’s remains lie. […] We cannot say goodbye to him, owing to the uncertainty about his whereabouts. We know he could be anywhere; […] he could appear at any time […]. What happened to my father cannot be described only in the past. He was abducted 29 years ago, but he is disappeared until today; I feel as if he were being abducted and disappeared every day; the present represents anguish and impunity. When will it end? [My mother, my siblings and I] continue to suffer […] from the anguish caused by the daily disappearance of [our] loved one.80 Elva Elisa Benítez de Goiburú: It is distressing […] not to see [my husband’s] remains, not to be able to bury him according to our beliefs, and with the hope of finding him alive every day; not resigning ourselves to his death. [My children] lost their appetite, abandoned school, they could not continue, they had difficulties relating to their friends. They grew up with the anguish of having lived through all these events at such an early age, and have had to grow up without knowing the whereabouts of their father, or being able to take leave of him properly. [I am] constantly depressed, I still hear him singing and whistling, as he used to. [...I have lost] the ability to talk[.] One never gets over this; one tries to continue on as best one can.81 104. Based on the above, the Court considers that the State violated the right to humane treatment embodied in Article 5(1) of the American Convention, in relation to Article 1(1). thereof, to the detriment of Elva Elisa Benítez Feliú de Goiburú; Rogelio Agustín Goiburú Benítez, Rolando Agustín Goiburú Benítez, Patricia Jazmín Goiburú Benítez, Rosa Mujica Giménez, Gladis Ester Ríos de Mancuello, Claudia Anahí Mancuello Ríos, Carlos Marcelo Mancuello Ríos, Ana Arminda Bareiro de Mancuello, Mario Mancuello, Ana Elizabeth Mancuello Bareiro, Hugo Alberto Mancuello Bareiro, Mario Andrés Mancuello Bareiro, Emilio Raúl Mancuello Bareiro, Fabriciana Villalba de Ramírez, Lucrecia Ramírez de Borba, Eugenia Adolfina Ramírez de Espinoza, Sotera Ramírez de Arce, Sara Diodora Ramírez Villalba, Mario Artemio Ramírez Villalba, Herminio Arnoldo Ramírez Villalba, Julio Darío Ramírez Villalba and María Magdalena Galeano. XI ARTICLES 8(1) AND 25 OF THE AMERICAN CONVENTION IN RELATION TO ARTICLE 1(1) THEREOF (RIGHT TO A FAIR TRIAL AND TO JUDICIAL PROTECTION) The Commission’s arguments 105. Regarding the alleged violation of Articles 8 and 25 of the Convention, to the detriment of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro and the brothers Benjamín and Rodolfo Ramírez Villalba and their next of kin, the InterAmerican Commission alleged that: 80 Cf. testimonial statement made before notary public (affidavit) by Rogelio Agustín Goiburú Benítez, supra note 27, folios 6251 and 6252. 81 Cf. testimonial statement made before notary public (affidavit) by Elva Elisa Benítez Feliu de Goiburú, supra note 30, folios 6263 to 6265.