also having to raise six children alone, facing the economic costs this implied.311 As a result
of the foregoing, the Court notes that the expert psychological assessment performed found
that the family group suffers from chronic Post-Traumatic Stress Disorder (PTSD) derived
from the sudden and violent death of Mr. Luna López and the resulting disintegration of the
family.312
207. The Court considers it important to point out that even though the State’s noncompliance with the duty to respect the right to life of Mr. Luna López’s family has not been
demonstrated, the suffering his family has experienced is precisely due to his death, which
resulted from the State’s non-compliance with its obligation of prevention313 (supra paras.
138 and 139).
208. Furthermore, the Court emphasizes that the entire family group has suffered the
effects resulting from feelings of constant stress, anguish and fear caused by the alleged
threats received following the death of Mr. Luna López. 314
209. In relation to the family group, prior to the death of Mr. Luna López, they indicated
that on April 4, 1998, they received a telephone call from Mr. José Ángel Rosa threatening
to kill him. (supra para. 30). Furthermore, in the days immediately following his death, the
family received a telephone call from Mr. Jorge Chávez, who said he was “at their service for
anything they needed,” which the family interpreted as an act of intimidation so he could
avoid being investigated. In an affidavit, Mr. Carlos Luna Valle stated that while he was
living in the United States, the brother of José Ángel Rosa offered money for someone to kill
him there.315 In this regard, the Court notes that the expert psychological report also found
that the family group suffered from chronic Post-Traumatic Stress Disorder (PTSD) due to,
inter alia, the fear they still suffer today for the physical integrity of the family members. 316
210. Similarly, the Court takes note of the alleged fear and anguish suffered by Mr. César
Luna Valle, who in his statement during the public hearing before the Court, stated that in
2005, he had knowledge of death threats made against him by Mr. José Ángel Rosa, who
presumably had contracted hired killers to murder him.317 According to information
311
Cf. Statement rendered by affidavit by Rosa Margarita Valle Hernández on January 21, 2013 (Merits file,
pages 571 and 574).
312
In relation to the psychological reports on the children of Luna López, the expert concluded that the death of
their father occurred at a time when they still depended on a father figure to reach the financial and emotional
independence characteristic of an adult. Cf. Expert psychological report prepared by the psychologist María Cecilia
Kirby Villa, supra, in respect of Rosa Margarita Valle Hernández; Carlos Antonio Luna Valle; César Augusto Luna
Valle; Lubina Mariana Luna Valle; Allan Miguel Luna Valle; José Fredy Luna Valle and Roger Herminio Luna Valle
(Merits file, pages 675, 683, 691, 699, 707, 714 to 715 and 722 to 723, respectively).
313
Cf. Case of the Indigenous Community Xákmok Kásek v. Paraguay. Merits, Reparations and Costs.
Judgment of August 24, 2010. Series C, No. 214, para. 244 and Case of the Barrios Family, supra, paras. 303 to
312.
314
Cf. Statements rendered by affidavit on January 21, 2013, by: Rosa Margarita Valle Hernández; Carlos
Antonio Luna Valle; Allan Miguel Luna Valle; José Fredy Luna Valle; Roger Herminio Luna Valle, and Lubina Mariana
Luna Valle on January 23, 2013 (Merits file, pages 564 to 565 and 570; 578 to 580 and 583 to 584; 608; 616; 623
and 594 to 600, respectively).
315
580).
Cf. Statement rendered by affidavit by Carlos Antonio Luna Valle on January 21, 2013 (Merits file, page
316
Cf. Expert psychological report prepared by psychologist María Cecilia Kirby Villa, supra, in respect of Rosa
Margarita Valle Hernández; Carlos Antonio Luna Valle; César Augusto Luna Valle; Lubina Mariana Luna Valle; Allan
Miguel Luna Valle; José Fredy Luna Valle and Roger Herminio Luna Valle (Merits file, pages 675, 683, 691, 699,
707, 714 to 715 and 722 to 723, respectively).
317
Mr. César Luna stated that: “the clearest threat, which was about to be consummated, was the fact that
José Ángel Rosa contracted hired killers and, together with others, gave them money to murder me […] we always
had to be careful because there was no justice and they moved about freely and were able to do anything they
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