This presumption is established juris tantum with regard to mothers and fathers, daughters and sons, spouses, and permanent companions, provided this corresponds to the specific circumstances of the case. 244 In the case of such family members, it is for the State to refute this presumption, 245 which Guatemala has not disproved in this case. To the contrary, the State partially acknowledged responsibility for this violation. 162. Regarding the said presumption, the Court emphasizes that the statements made at the domestic level and before the Court, as well as the body of evidence 246 show that Nineth Varenca Montenegro Cottom, Alejandra García Montenegro and María Emilia García (respectively, wife, daughter and mother of Edgar Fernando García) have suffered great uncertainty and profound suffering and anguish to the detriment of their physical, mental, and moral integrity because of the forced disappearance of their loved one and the actions of the State authorities as regards the investigation of what happened. This harm occurred not only at the personal level, but also severely impaired the family dynamics. 163. In this regard, the Court notes that, since Edgar Fernando García’s disappearance and up until now, his family has been actively involved in different actions in search of justice and the determination of his whereabouts, through individual initiatives and through the GAM, of which his wife and mother were founding members, as well as by filing remedies and complaints in the domestic and international jurisdiction. Although his family members acknowledge that, in recent years, there has been some progress in the investigation and in the determination of some of those responsible, for many years their search faced denials and a lack of response from the authorities, even though the State had the necessary information to open the investigation. In this regard, during the public hearing, Edgar Fernando García’s wife said that “we all know that when justice is so delayed, it no longer seems like justice.” The Court also observes that the failure to determine the whereabouts of Edgar Fernando García or the location and identification of his remains, has prevented them from giving him a decent burial according to their beliefs, thereby altering their grieving process, and perpetuating their suffering and uncertainty. 243 Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 192, para. 119, and Case of González Medina and family members v. Dominican Republic, supra, para. 270. 244 Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of González Medina and family members v. Dominican Republic, supra, para. 270. 245 Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 119, and Case of González Medina and family members v. Dominican Republic, supra, para. 270. 246 Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public hearing in this case; affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome II, folios 803,805, 806 and 809); complaint filed by Nineth Varenca Montenegro Cottom before the PDH on January 22, 1988 (file of annexes to the Merits Report, tome I, annex 16, folios 209 to 213); Convergencia por la Verdad, file card for collecting the testimony of María Emilia García (file of annexes to the Merits Report, tome I, annex 17, folio 215 to 222); note of prosecutor No. 10 of the Guatemalan District Prosecutor’s Office to the Secretary of the Supreme Court of Justice of March 11, 1999, recording that the Public Prosecution Service had taken the testimony of María Emilia García (file of annexes to the Merits Report, tome I, annex 18, folios 224 and 225); note entitled “Carta abierta a quienes tengan en su poder a mi papito Edgar Fernando García” [Open letter to those holding my father] (file of annexes to the Merits Report, tome I, annex 19, folio 227); note entitled “Carta abierta a quienes tengan en su poder a mi hijo” [Open letter to those holding my son] published in “La Palabra” on March 24, 1984 (file of annexes to the Merits Report, tome I, annex 20, folio 229); note entitled “Al cumplirse seis meses del secuestro de Edgar Fernando García” [On the six-month anniversary of the kidnapping of Edgar Fernando Garcia] (file of annexes to the Merits Report, tome I, annex 21, folio 231); paid space in El Gráfico publishing a letter from Nineth Varenca Montenegro Cottom to Edgar Fernando García on July 18, 1985 (file of annexes to the Merits Report, tome I, annex 24, folio 241), and announcement paid by Nineth Montenegro, entitled “En el día del padre a un secuestrado Edgar Fernando García” [On Father’s Day to Edgar Fernando García who has been kidnapped] (file of annexes to the Merits Report, tome I, annex 24, folio 242). 58