suffering owing to the act itself, and which is increased, among other factors, by the constant refusal of the State authorities to provide information on the whereabouts of the victim or to conduct an effective investigation to clarify what happened. 358 This allows it to be presumed that the mental and moral integrity of the family members is harmed. 359 In previous cases, the Court has established that this presumption is established juris tantum as regards mothers and fathers, children, spouses, and permanent companions, provided that this is in keeping with the specific circumstances of the case. 360 However, in a recent judgment involving an enforced disappearance, it considered that this presumption is also applicable to the siblings of the disappeared victims, unless the specific circumstances of the case reveal otherwise. 361 228. On previous occasions, the Court has considered that the right to mental and moral integrity of the next of kin of the victims has been violated owing to the additional suffering that they have undergone as a result of the particular circumstances corresponding to the violations perpetrated against their loved ones and because of the subsequent acts or omissions of the State authorities in relation to these facts. 362 In addition, the Court recalls that it has considered that the constant refusal of the State authorities to provide information on the whereabouts of the victims or to open an effective investigation to clarify what happened increases the suffering of the family members. 363 229. The Court recognizes that the mother, the permanent companion and some of the siblings of Jeremías Osorio Rivera devoted time to trying to obtain information on the detention situation of the presumed victim and, subsequently, with regard to his whereabouts. 364 On receiving information on the supposed release, without being able to locate Mr. Osorio Rivera, they insisted and obtained imprecise information (supra para. 157) and judicial proceedings that did not allow the family members to know the truth of what happened to the victim and his whereabouts (supra para. 220). In this regard, the Court takes into account his mother, his permanent companion, his children and his siblings as the members of the victim’s family. 230. The affidavits prepared by the members of Jeremías Osorio Rivera’s family included similar references to the aftereffects of the alleged disappearance on their lives, including frustration because of the duration of the proceedings, physical ailments, changes in some life projects, depression, irritability, confusion, accompanied by a situation of limited financial resources. 365 Furthermore, an expert appraisal by Carlos Alberto Jibaja Zárate reveals the impact on the next of kin of Jeremías Osorio Rivera of the alleged violations of their human rights – in particular, owing 358 Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of García and family members v. Guatemala, supra, para. 161. 359 Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of García and family members v. Guatemala, supra, para. 161. 360 Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of García and family members v. Guatemala, supra, para. 161. 361 Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 286. 362 Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 137. 363 142. Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Torres Millacura v. Argentina, supra, para. 364 Cf. Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio 5305); Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folio 5311), and Statement made by Porfirio Osorio Rivera before the Inter-American Court during the public hearing on August 29, 2013. 365 Cf. Affidavits prepared by Santa Fe Gaitán Calderón, Silvia Osorio Rivera, Edith Laritza Osorio Gaytán and Aquiles Román Atencio on August 14 and 15, 2013 (evidence file, volume XI, affidavits, folios 5303 to 5325). 82

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