what happened to the presumed victim and, also, of the alleged impunity surrounding the enforced
disappearance of Jeremías Osorio Rivera, which was a result of the absence of the prosecution and
punishment of all the masterminds and perpetrators of the facts. Based on these considerations,
the representatives concluded that the State had violated Article 5 of the American Convention, in
relation to Article 1(1) of this international instrument to the detriment of the closest members of
Jeremías Osorio Rivera’s family.
225. During the public hearing, the representatives argued that it had been proved that the lives
and mental well-being of the next of kin of Jeremías Osorio Rivera had been affected by
experiencing not only the disappearance of the victim, but also owing to the insufficient measures
taken by the State to provide an unequivocal response that allowed the truth of the facts to be
known, and especially, with regard to the discovery of the victim and the punishment of those
responsible. The closeness of the relationship with the victim is an important factor in order to
determine the impact of the events on the family members, together with their exposure to the
violent act, their age, the type of personality, the kind of relationship the person had with the
victim, and the system of emotional support relationships, among them. The representatives
asserted that, in this case, the victim’s direct relationship had been proved with his permanent
companion, his children who were minors at the time, and his mother, for all of whom he was the
main source of support. They also argued that the disappearance had a serious impact on his
siblings, because he was one of the youngest ones, and they have remained in uncertainty as a
result of the impossibility of obtaining closure to a mourning process because they do not know the
final resting place of the victim, and because of the impunity surrounding the facts. Furthermore,
the representatives of the victim stated that the disappearance of Jeremías Osorio Rivera had also
resulted in some of his family members being unable to conclude their elementary studies or
undertake either vocational or university studies.
226. The State considered it probable that some of the suffering of the members of Mr. Osorio
Rivera’s family was similar to that of next of kin of victims of enforced disappearance involving the
State’s international responsibility, which had not been proved in this case. Thus, the State did not
deny the existence of the harm to the right to integrity of the next of kin of Mr. Osorio Rivera
owing to the presumed disappearance of their family member during all this time, but since the
State’s international responsibility for the enforced disappearance had not been proved, the State
was not obliged to make reparation to the family members. Furthermore, the State argued that it
had conducted investigations into the events denounced; therefore, it indicated that it could not be
considered responsible for the violation of the right to integrity of the next of kin. The State
indicated that, at the domestic level, owing to an administrative proceeding, the next of kin of Mr.
Osorio Rivera were included on the Unified Register of Victims and may be considered beneficiaries
of the different reparation programs established by the High-level Multisectoral Commission
responsible for monitoring the State’s actions and policies in the spheres of peace, collective
reparation and national reconciliation. In conclusion, the State asked the Court to declare that the
State was not responsible for the violation of the right to personal integrity contained in Article 5 of
the American Convention, with regard to the members of Mr. Osorio Rivera’s family. In its final
written arguments, the State argued, based on the supreme final judgment of April 17, 2013, that
it considered that the mistreatment alleged by the Inter-American Commission and the
representatives had not been proved, and that it had not violated the said article to the detriment
of the next of kin of Jeremías Osorio Rivera.
B. Considerations of the Court
227. This Court has considered that, in cases involving the alleged enforced disappearance of
persons, it is possible to understand that the violation of the right of the victims’ next of kin to
mental and moral integrity is a direct result of this phenomenon, which causes them severe
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