when their daughter Johanyelis Alejandra Landaeta Parra would be born 378); however,
these plans were thwarted with his death. Their daughter, who was not yet born at the
time of the events, because her mother was only five months’ pregnant, indicated that
“even though [she had] never kn[own] [her] father, [she] felt the need to know about
him and about his love for [her].” 379 Regarding Johanyelis Alejandra, the Court finds that
she is a victim because, besides the gestation period, she experienced suffering because
she lived in surroundings characterized by distress and uncertainty owing to the failure
to establish the truth of the events, added to the effects that the absence of her father
and the manner of his death had on her life, causing feelings of anguish and suffering. 380
286. The Court has also declared the violation of Articles 8 and 25 of the Convention.
Consequently, it considers that the family group as a whole has suffered effects as a
result of the absence of a complete, diligent and effective investigation and the lack of
access to justice, which have increased the feelings of sorrow, helplessness and
anguish. 381 Thus, expert witness Claudia Carrillo indicated that “the search for the truth
and justice” 382 during 18 years became a life project of the Landaeta Mejías family.
287. The Court considers that the physical and emotional strain resulting from the facts
and the search for justice have had a negative impact on the family group, mainly as
regards financial, social and work-related aspects. 383 The case file before the Court also
reveals that, from the very start, María Magdalena Mejías Camero and Ignacio Landaeta
were involved in the investigations, providing statements in the domestic sphere. The
Court also notes that it was Ignacio Landaeta who played the most active role in
advancing the proceedings, through his statements, the briefs submitted, and the
numerous requests to obtain evidence and to recuse agents of justice (supra paras. 263
and 264), so that he intervened constantly before the domestic judicial system and
continues to do so today, before the inter-American system.
288. Lastly, the Court takes note of the suffering that it is alleged that the family group
endured owing to the presumed threats they had allegedly received before the death of
the Landaeta brothers, as well as for the supposed persecution of Ignacio Landaeta by
the police on December 31, 1996, who, according to the representatives, had been
ordered to kill him. These events increased the family’s tension and fear during the
period following the events, in view of the constant search for justice in the domestic
jurisdiction and before the inter-American court. 384
289. Consequently, the Court finds that the failure to comply with the obligation to
respect and to ensure the right to life of Igmar and Eduardo Landaeta, added to noncompliance with the provisions of Articles 4, 5(1) and 7 in relation to Article 19 of the
Convention to the detriment of the latter, resulted in psychological, personal and
emotional problems. Moreover, the ineffectiveness of the measures adopted to clarify
the events (Articles 8 and 25 of the Convention) has caused suffering and anguish to the
378
Cf. Affidavit made by Francy Yellut Parra Guzmán on January 23, 2014 (merits file, folio 788).
379
Affidavit made by Francy Yellut Parra Guzmán on January 23, 2014 (merits file, folio 794).
380
The effects of the death of Igmar Landaeta on the life of his daughter, which caused her to feel “anxiety,
sorrow, irritability, and fear” have been indicated by her mother, Francy Yellut Parra Guzmán, and established
by the expert witness in her report. Cf. Expert psychological appraisal of Johanyelis Alejandra Landaeta Parra
made by Claudia Carrillo Ramírez on January 29, 2014, supra (merits file, folio 861). Cf. Inter alia, Case of
Contreras et al., supra, para. 122, and Case of Gudiel Álvarez et al. ("Diario Militar"), supra, para. 287.
381
Cf. Case of the Barrios Family, supra, para. 310, and Case of Luna López, supra, para. 212.
382
Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra (merits
file, folio 861).
383
Cf. Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra
(merits file, folio 856).
384
Cf. Expert psychological appraisal made by Claudia Carrillo Ramírez dated January 29, 2014, supra
(merits file, folio 855).
81