164. The Court has stated that it is of paramount importance to the family members to
receive the body of a person who has been forcibly disappeared, because it allows them to
bury this according to their beliefs, as well as to close the grieving process they have been
experiencing over the years. 247 In addition, the Court recalls that it has considered that the
State authorities’ constant refusal to provide information on the whereabouts of victims or
to open an effective investigation to clarify what happened increases the suffering of the
next of kin. 248 In this regard, the Court notes the additional suffering of Edgar Fernando
García’s wife, daughter, and mother due to the absence of an effective and diligent
investigation, as well as the uncertainty about the whereabouts of their husband, father,
and son.
165. In addition, the Court observes that, in the years following the start of the
disappearance of Edgar Fernando García, the victim’s family suffered additional
circumstances that increased the harm to their mental integrity, such as social isolation and
the stigmatization associated with having a disappeared family member. Thus, during the
public hearing, Mrs. Montenegro Cottom said that, as a result of Edgar Fernando García’s
disappearance and the search for justice, there had been “a systematic campaign to
discredit and denigrate [her that] ha[d] a serious impact […] because it isolated [them], it
marginalized [them], it made [them] seem to be subversives, liars, mad, [they] lost friends,
relatives; it was as though [they] were social lepers; people did not want to approach
[them] and [her] own daughter […] could never have friends.” 249 Similarly, Alejandra stated
that the events “made many people close to [them] fearful and they chose to keep away
even though […] in some cases this was a member of the family.” She also indicated that,
during her childhood, she was rejected at school for being the “daughter of the member of
the guerrilla” and the daughter of an “unmarried mother.” 250
166. Similarly, the Court notes that the events have had consequences for the
development of Mr. García’s daughter Alexandra, who was in her infancy at the time of the
disappearance and, therefore, had to grow up in an environment dedicated to the search for
justice, and of suffering and uncertainty owing to the failure to determine her father’s
whereabouts. 251 Thus, the Court notes that Alejandra García stated that her limited
involvement in the search for justice during her childhood had made her feel guilty (supra
para. 87).
167. Based on the above, the Court considers it has been proved that the existing
circumstances have given rise to feelings of sadness, frustration, helplessness, insecurity
and anxiety for the members of the victim’s family. Consequently, the Court finds that the
State has violated the right to personal integrity established in Article 5(1) and 5(2) of the
247
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra note 166, para. 245, and Case of Gomes Lund
et al. (Guerrilha do Araguaia) v. Brazil, supra note 53, para. 261.
248
Cf. Case of Blake v. Guatemala. Merits, supra note 296, para. 114, and Case of Contreras et al. v. El
Salvador, supra note 51, para. 123.
249
Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public
hearing in this case.
250
804).
Affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome II, folios 803 and
251
Affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome II, folios 800 to
810); testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public
hearing in this case. Note entitled “Carta abierta a quienes tengan en su poder a mi papito Edgar Fernando García”
(file of annexes to the Merits Report, tome I, annex 19, folio 227), 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” (file of annexes to the Merits Report, tome I, annex 24, folio 242).
59