indicated that “[i]t is not easy to predict all the kinds of aftereffects; the most usual range
from suicidal notions, panic, depression, anger, helplessness, and psychosomatic
disorders.”393 Equally, the facts have affected their family relationships, as well as having
caused a rupture of their family dynamics, which has impaired the family’s harmonious
relations,394 and meant that some of them have had to assume new roles within the
family.395
310. Moreover, some members of the family have been affected by the failure to
investigate what happened, as well as by the permanent desire to obtain justice.396 In that
regard, expert witness Valdez Labadi indicated that this situation has even led them to think
that “if they had not sought to obtain justice, perhaps fewer [family members] would have
died.397 In this regard, the Court considers that the violation of the right to integrity of the
next of kin of the victims is also due to the lack of effective investigations to clarify the facts
and punish those responsible and, in general, the impunity in which the cases remain, which
exacerbates the feelings of frustration, helplessness, and anxiety. In particular, the Court
observes that the lack of investigation and of a response from the State authorities has
harmed the personal integrity of Eloisa Barrios, who has been behind the proceedings at the
national and the international levels, because “[e]verything she has done this far has only
increased her emotional torment, because she has had to learn about and […] deal with all
the channels that maintain the impossibility of obtaining justice.”398
311. Moreover, the Court considers that, in some cases, the harm to the right to integrity
of the next of kin of the victims is manifested in the fact that they felt obliged to move
elsewhere because they were afraid (supra para. 163), leaving the village of Guanayén in
which almost all their family lived before the first death occurred, causing the disintegration
and rupture of the harmonious relations of certain members of the Barrios family. Expert
witness Valdez Labadi stated that “the forced flight of most of them from the village where
they had set down their roots and wanted to stay, the separation, has been very painful
because, living far away, each of them feel greater helplessness.”399
312. Based on the above, the Court concludes that the State violated the right to personal
integrity established in Article 5 of the Convention, in relation to Article 1(1) thereof, to the
detriment of the following people: Justina Barrios, Brígida Oneyda Barrios, Maritza Barrios,
Elbira Barrios, Eloisa Barrios, Inés Josefina Barrios, Lilia Ysabel Solórzano Barrios, Luisa del
Carmen Barrios, Pablo Julián Solórzano Barrios, Jorge Antonio Barrios Ortuño, Carlos
Alberto Ortuño, Orismar Carolina Alzul García, Ronis David Barrios Alzul, Roniel Alberto
393
Cf. Expert opinion of Susana Migdalia Valdez Labadi (merits file, tome III, folio 971).
394
Cf. Affidavit made by Brígida Oneyda Barrios, supra note 171, folio 882; Affidavit made by Lilia Ysabel
Solórzano Barrios, supra note 193, folios 897 and 898; Affidavit made by Luisa del Carmen Barrios, supra note
193, folio 902; Affidavit made by Pablo Julián Solórzano Barrios, supra note 193, folio 921; Affidavit made by Elbira
Barrios, supra note 192, folio 893; Affidavit made by Víctor Daniel Cabrera Barrios, supra note 162, folio 925, and
Testimony given by Eloisa Barrios during the public hearing, supra note 164.
395
Cf. Affidavit made by Luisa del Carmen Barrios, supra note 193, folios 902 and 903.
396
Cf. Affidavit made by Brígida Oneyda Barrios, supra note 171, folio 884; Affidavit made by Lilia Ysabel
Solórzano Barrios, supra note 193, folio 897; Affidavit made by Luisa del Carmen Barrios, supra note 193, folio
903; Affidavit made by Pablo Julián Solórzano Barrios, supra note 193, folio 920; Affidavit made by Elbira Barrios,
supra note 192, folio 893; Affidavit made by Maritza Barrios, supra note 193, folio 907; Affidavit made by Víctor
Daniel Cabrera Barrios, supra note 162, folios 924 and 926, and Testimony given by Eloisa Barrios during the
public hearing, supra note 164.
397
Cf. Expert opinion of Susana Migdalia Valdez Labadi, supra note 393, folio 970.
398
Cf. Expert opinion of Susana Migdalia Valdez Labadi, supra note 393, folio 969.
399
Cf. Expert opinion of Susana Migdalia Valdez Labadi, supra note 393, folio 971.
97
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