to the enforced disappearance of the presumed victim and the lack of access to justice – as well as the emotional harm they suffered as a result of the alleged violations. This expert appraisal evaluated Santa Fe Gaitán Calderón (permanent companion), Edith Laritza Osorio Gaytán (daughter), Neida Osorio Gaitán (daughter) and Porfirio Osorio Rivera, Adelaida Osorio Rivera, Silvia Osorio Rivera, Elena Máxima Osorio Rivera and Mario Osorio Rivera (siblings). However, the State disputed some of the conclusions in its final arguments. 231. Based on the affidavits and the expert report of Carlos Alberto Jibaja Zárate, and taking into account the State’s observations, the Court considers that the personal integrity of the family members was affected in one way or another by one or several of the following circumstances: 366 (i) they have been involved in different actions such as the search for justice or for information on his whereabouts; (ii) the disappearance of their loved one has had personal, physical and emotional repercussions; (iii) the facts have affected their social relationships, fragmented the family dynamics, and caused different degrees of depression and continuous feelings of victimization; (iv) the effects on them have been increased by the impunity surrounding the facts; (v) the life project of his immediate family unit and that of his brother, Porfirio Osorio Rivera, were curtailed, and (vi) the failure to clarify what happened to their loved one has kept alive the hope of finding him, or the failure to find him and identify his remains has prevented them from giving him a decent burial in keeping with their beliefs, altering the mourning process, and perpetuating the suffering and uncertainty. Consequently, the Court finds that it has been proved that, as a direct result of the disappearance, the members of Jeremías Osorio Rivera’s family have undergone profound suffering, anxiety and anguish, which has harmed their mental and moral integrity. 232. The expert appraisal did not include all the siblings or all the children of Jeremías Osorio Rivera. However, it can be inferred that the situation of all of them was similar, so that the consequences and harm would be similar or the same. Accordingly, the Court finds that all the persons presented as members of Jeremías Osorio Rivera’s family suffered some type of personal, physical and/or emotional repercussion owing to the facts themselves, and the lack of a subsequent investigation and answers. 233. Regarding the State’s argument that it was not responsible for the disappearance of Jeremías Osorio Rivera and, therefore, did not owe any reparation to his next of kin, the Court has already established that, as indicated previously (supra paras. 159, 167 to 171 and 218 to 221), the international responsibility of the State has been constituted. Thus, it considers that the acts and omissions of the State directly affected the members of Jeremías Osorio Rivera’s family. 234. Consequently, the Court concludes that the State violated the right to personal integrity established in Article 5(1) of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of the following members of Jeremías Osorio Rivera’s family: his permanent companion, Santa Fe Gaitán Calderón; his children, Edith Laritza Osorio Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán and Jersy Jeremías Osorio Gaitán; his mother, Juana Rivera Lozano; and his siblings, Epifanía Alejandrina, Elena Máxima, Porfirio, Adelaida, Silvia, Mario and Efraín, all with the surnames Osorio Rivera. 366 Cf. Report of the psychological evaluations performed by Carlos Alberto Jibaja Zárate on August 15, 2013 (evidence file, volume XI, affidavits, folios 5326 to 5388). See also: Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folios 5303 to 5307); Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folios 5308 to 5313); Affidavit prepared by Edith Laritza Osorio Gaytán on August 14, 2013 (evidence file, volume XI, affidavits, folios 5315 to 5318), and Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI, affidavits, folios 5319 to 5325). 83

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