44
Gregoria Recinos Contreras;178 Rubén de Jesús, Sara Margarita and Santos Antonio, all with
the surnames López Contreras;179 and José Daniel,180 Milton, Irma Cecilia and Cándida
Marisol, all with the surname Rivera Rivera, were born.181
121. Together with the State’s acknowledgment, the Court observes that the testimony
and the expert opinions received (supra paras. 30 and 31) reveal that, in one way or
another, the personal integrity of the victims’ next of kin was affected by one or several of
the following situations: (a) they suffered mental and physical effects; (b) an irreversible
change in their immediate family and family life that had been characterized, inter alia, by
significant sibling relationships; (c) they were involved in the search for the whereabouts of
the victims; (d) the uncertainty surrounding the whereabouts of the victims prevents
mourning, which contributes to prolonging the psychological effects of the disappearance on
the next of kin, and (e) the State’s lack of investigation and collaboration to determine the
whereabouts of the victims and those responsible for the disappearances exacerbated the
different effects suffered by the said next of kin. These circumstances have had an effect
that persists over time and remains to this day due to the continuing uncertainty about the
whereabouts of Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, Julia Inés Contreras,
Serapio Cristian Contreras and José Rubén Rivera Rivera.
122. Regarding the siblings who had not been born at the time of the facts (supra para.
120), it has been determined from the evidence that they also suffered a violation of their
moral and mental integrity. The fact of living in an environment of suffering and uncertainty
owing to the failure to determine the whereabouts of the disappeared victims, despite the
ceaseless efforts of their parents, harmed the mental and moral integrity of the children who
were born and lived in that environment.
123. Furthermore, this Court’s case law has established that the absence of the truth
about the whereabouts of a victim of forced disappearance results in a form of cruel and
inhuman punishment for the immediate family.182 In addition, the Court has considered that
the constant refusal of the State authorities to provide information about the whereabouts of
178
Cf. Birth certificate of Julia Gregoria Recinos Contreras issued by the Civil Registry Office of the Mayor’s
Office of Tecoluca (evidence file, volume VIII, attachment 45 to the pleadings, motions and evidence brief, folio
5034).
179
Cf. Birth certificate of Rubén de Jesús López Contreras issued by the Civil Registry Office of the Mayor’s
Office of Tecoluca (evidence file, volume VIII, attachment 45 to the pleadings, motions and evidence brief, folio
5039); Birth certificate of Sara Margarita López Contreras issued by the Civil Registry Office of the Mayor’s Office of
Tecoluca (evidence file, volume VIII, attachment 45 to the pleadings, motions and evidence brief, folios 5040 and
5041), and Birth certificate of Santos Antonio López Contreras issued by the Civil Registry Office of the Mayor’s
Office of Tecoluca (evidence file, volume VIII, attachment 45 to the pleadings, motions and evidence brief, folio
5042).
180
According to the Commission and the representatives, on May 17, 1983, Margarita de Dolores Rivera de
Rivera was eight-months pregnant with José Daniel. This fact was acknowledged by the State. However, according
to his birth certificate, José Daniel was born on May 7, and the registration was made on May 12, 1983. Cf. Birth
certificate of José Daniel Rivera Rivera issued by the Civil Registry Office of the Mayor’s Office of Ciudad Arce
(evidence file, volume VIII, attachment 43 to the pleadings, motions and evidence brief, folio 5019).
181
Cf. Birth certificate of Miltón Rivera Rivera issued by the Civil Registry Office of the Mayor’s Office of
Ciudad Arce (evidence file, volume VIII, attachment 43 to the pleadings, motions and evidence brief, folio 5024);
Birth certificate of Irma Cecilia Rivera Rivera issued by the Civil Registry Office of the Mayor’s Office of Ciudad Arce
(evidence file, volume VIII, attachment 43 to the pleadings, motions and evidence brief, folio 5023), and Birth
certificate of Cándida Marisol Rivera Rivera issued by the Civil Registry Office of the Mayor’s Office of Ciudad Arce
(evidence file, volume VIII, attachment 43 to the pleadings, motions and evidence brief, folio 5022).
182
Cf. Case of Trujillo Oroza v. Bolivia. reparations and costs. Judgment of February 27, 2002. Series C No.
92, para. 114; Case of Gelman, supra note 16, para. 133, and Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 97, para. 240.
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