This is because of the amount of time that has passed, the situation of impunity that persists in this case,
and the lack of information on what really happened to their loved one.
106.
In addition, the statements of Mr. Tabares Toro's relatives indicate that from the beginning of
the events, they have suffered harassment and threats, especially María Elena Toro, who has dedicated
her life to the search for justice and for her son. In connection to this, it is important to recall that María
Elena Toro stated before the Court that “the threats have not stopped since the moment of [her] son’s
disappearance, but [...] recently they have been even more frequent, to the point that [her] vehicle was
shot at, and [she doesn’t] know how [she] survived. [She is] currently in exile because of these threats,
because of the Colombian army.” 144
107. María Isabel Gallego Toro also stated in her affidavit that “[she feels] that the Colombian State
turned its back on [her] family's suffering because while [they] exhausted [their] financial resources on
the search for [her] brother, [their] parents lost the emotional stability [they] had had, [they] had to
move several times, and [they] changed schools, while those responsible for the events continued to
move up the military ranks, and even though they were detained during the proceedings against them,
they were later released just because of limits on the duration of detentions. [She thinks] justice has not
been served and that the proceedings concerning [her] little brother have weighed on the family all
[their] lives and will continue to do so until this wrong is made right.” 145 Ms. Gallego Toro added that
“[t]hey went from having a stable life, living in the same house, to a new normal of moving constantly,
having almost no friends, and not even being allowed to work to raise awareness about the issue.” 146
108.
The Court notes that in their statements, María Elena Toro and her daughters María Bibiancy
Tabares Toro and María Isabel Gallego Toro affirmed that after the disappearance of their son and
brother, respectively, María Elena devoted herself to the search. It is important to note that according to
the 2013 General comment on women affected by enforced disappearances adopted by the Working
Group on Enforced or Involuntary Disappearances at its ninety-eighth session, in cases of forced
disappearance, women are negatively affected economically, socially, and psychologically: The emotional
impact is exacerbated by the financial impact, especially when the woman undertakes a search for her
loved one. When she also becomes the head of household, family obligations increase and the time she
has to devote to everything else decreases. 147 In this case, Ms. Toro was away from home traveling to
various places to make inquiries and search for information on her son's whereabouts, which changed
her family life and meant that her two younger daughters had to be cared for by her older daughter,
María Bibiancy Tabares Toro. Moreover, she lost her job and the family sold some of their belongings,
such as their home and their car, in order to cover the cost of travel and meetings, which affected the
family's finances.
109.
The Court lacks sufficient evidence to analyze the violation of Article 5(2) with regard to the
victim's relatives. However, it considers the harm to the personal integrity of Óscar Iván Tabares Toro’s
relatives to be established in accordance with Article 5(1) of the Convention. The Court notes that the
statements of Mr. Tabares Toro's relatives, as well as the psychosocial evaluation performed by Yeiny
Carolina Torres Bocachica and Carlos Mario Quintero González, are sound and mutually consistent, and
reflect the harm suffered due to uncertainty and pain after the disappearance of the loved one. This is in
addition to the lack of information about what happened, the unknown whereabouts of the victim, and
the impunity in the case for over two decades.
110.
It is also important to recall this Court’s position that States Parties to the American Convention
on Human Rights are obligated to take steps to acknowledge and safeguard the work of searching women
in the prevention and investigation of forced disappearance. They must also ensure that such work can
be carried out without obstacles, intimidation, or threats, guaranteeing the personal integrity of searching
women and their right to political participation established in the Convention, confronting historical and
cultural obstacles that limit the search, and ensuring that the women and their dependents can continue
Statement of María Elena Toro Torres before the Court at public hearing, supra.
Affidavit of María Isabel Gallego Toro, supra.
146
Affidavit of María Isabel Gallego Toro, supra.
147
Cf. Working Group on Enforced or Involuntary Disappearances, General comment on women affected by
enforced disappearances adopted by the Working Group on Enforced or Involuntary Disappearances at its ninetyeighth session (31 October – 9 November 2012), February 14, 2013, and Case of Movilla Galarcio et al. v. Colombia,
supra, para. 180.
144
145
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