when their daughter Johanyelis Alejandra Landaeta Parra would be born 378); however, these plans were thwarted with his death. Their daughter, who was not yet born at the time of the events, because her mother was only five months’ pregnant, indicated that “even though [she had] never kn[own] [her] father, [she] felt the need to know about him and about his love for [her].” 379 Regarding Johanyelis Alejandra, the Court finds that she is a victim because, besides the gestation period, she experienced suffering because she lived in surroundings characterized by distress and uncertainty owing to the failure to establish the truth of the events, added to the effects that the absence of her father and the manner of his death had on her life, causing feelings of anguish and suffering. 380 286. The Court has also declared the violation of Articles 8 and 25 of the Convention. Consequently, it considers that the family group as a whole has suffered effects as a result of the absence of a complete, diligent and effective investigation and the lack of access to justice, which have increased the feelings of sorrow, helplessness and anguish. 381 Thus, expert witness Claudia Carrillo indicated that “the search for the truth and justice” 382 during 18 years became a life project of the Landaeta Mejías family. 287. The Court considers that the physical and emotional strain resulting from the facts and the search for justice have had a negative impact on the family group, mainly as regards financial, social and work-related aspects. 383 The case file before the Court also reveals that, from the very start, María Magdalena Mejías Camero and Ignacio Landaeta were involved in the investigations, providing statements in the domestic sphere. The Court also notes that it was Ignacio Landaeta who played the most active role in advancing the proceedings, through his statements, the briefs submitted, and the numerous requests to obtain evidence and to recuse agents of justice (supra paras. 263 and 264), so that he intervened constantly before the domestic judicial system and continues to do so today, before the inter-American system. 288. Lastly, the Court takes note of the suffering that it is alleged that the family group endured owing to the presumed threats they had allegedly received before the death of the Landaeta brothers, as well as for the supposed persecution of Ignacio Landaeta by the police on December 31, 1996, who, according to the representatives, had been ordered to kill him. These events increased the family’s tension and fear during the period following the events, in view of the constant search for justice in the domestic jurisdiction and before the inter-American court. 384 289. Consequently, the Court finds that the failure to comply with the obligation to respect and to ensure the right to life of Igmar and Eduardo Landaeta, added to noncompliance with the provisions of Articles 4, 5(1) and 7 in relation to Article 19 of the Convention to the detriment of the latter, resulted in psychological, personal and emotional problems. Moreover, the ineffectiveness of the measures adopted to clarify the events (Articles 8 and 25 of the Convention) has caused suffering and anguish to the 378 Cf. Affidavit made by Francy Yellut Parra Guzmán on January 23, 2014 (merits file, folio 788). 379 Affidavit made by Francy Yellut Parra Guzmán on January 23, 2014 (merits file, folio 794). 380 The effects of the death of Igmar Landaeta on the life of his daughter, which caused her to feel “anxiety, sorrow, irritability, and fear” have been indicated by her mother, Francy Yellut Parra Guzmán, and established by the expert witness in her report. Cf. Expert psychological appraisal of Johanyelis Alejandra Landaeta Parra made by Claudia Carrillo Ramírez on January 29, 2014, supra (merits file, folio 861). Cf. Inter alia, Case of Contreras et al., supra, para. 122, and Case of Gudiel Álvarez et al. ("Diario Militar"), supra, para. 287. 381 Cf. Case of the Barrios Family, supra, para. 310, and Case of Luna López, supra, para. 212. 382 Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra (merits file, folio 861). 383 Cf. Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra (merits file, folio 856). 384 Cf. Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra (merits file, folio 855). 81

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