198. In its Report on Merits, the Commission indicated that the State of Honduras violated Article 5(1) of the Convention in relation to Article 1(1) thereof, given the suffering and anguish caused by a number of actions and omissions by the domestic authorities in response to the events that took place to the detriment of the family of Mr. Luna López. Indeed, the Commission considered that the loss of a loved one in a context such as the one described in this case, together with the absence of a complete and effective investigation, affected the psychological and moral integrity of Mr. Luna López’s family, in addition to the suffering and anguish caused by not knowing the truth of what happened. Moreover, it considered that the family’s suffering was exacerbated by having the body removed from the house where his wake was being held. Similarly, the Commission considered proven that members of Mr. Luna López’s family were victims of intimidation and threats, both before and after his death, and that there was no evidence in the file showing that the State had adopted the necessary measures to protect them or to investigate these threats. 199. The representatives agreed with the Commission and pointed out that the family members of Mr. Luna López were victims of enormous suffering due to: a) threats made against them from both before and after the murder due to their active role in seeking justice in relation to the events and identifying the individuals responsible for the crime; b) the sudden and violent death of Mr. Luna López, and c) the suffering caused by the continued impunity in the case. Specifically, they stated that prior to the murder, the family members suffered enormous anguish, stress and frustration because they lived in a constant state of anxiety, insecurity, vulnerability and worry due to their knowledge of the threats made against Mr. Luna López and the lack of State protection. They added that family members of Mr. Luna López were witnesses in the domestic proceedings and were actively involved in them,293 which is why they received threats and intimidation. According to the representatives the anguish suffered by the family continues even today, with the knowledge that Mr. Ítalo Iván Lemus Santos, the material author sentenced to prison on January 10, 2013, is free. 200. For its part, the State argued that it is not internationally responsible for the violation of the right to personal integrity of the family members of Mr. Luna López given that “the family members have had access to justice in an expeditious manner; that those responsible for Mr. Luna López’s death have been punished after being tried in the domestic courts; and that others involved have been taken to the highest judicial bodies […].” The State indicated that the investigation had resulted in the truth being known about the facts, that the relevant judicial proceedings had been undertaken to reach the final decisions in the different trials conducted and that all the necessary steps were taken 294 to avoid the impunity of the crime. The State pointed out that all deaths, particularly a violent death as in this case, cause psychological and moral suffering to the family, but that this suffering cannot be attributed to the State given that the death of Mr. Luna López was perpetrated by individuals and not by State officials. Finally, as regards the threats suffered by Mr. Luna López’s family, the State argued that there is no information in the file regarding the filing of any complaints to counter the alleged threats and intimidation and that it is only recently, 293 An example of this is seen in the actions undertaken by Mr. César Luna Valle who, according to the representatives, after participating in the public hearing in this case, temporarily returned to Catacamas to secure the execution of the arrest warrant issued for Ítalo Iván Lemus, once the Supreme Court of Justice had ruled on the appeal filed by his defense, upholding the conviction of 26 years and 8 months of prison for his material involvement in the murder of Mr. Carlos Antonio Luna López (Merits file, pages 1044 and 1045). 294 In relation to the procedure for the removal of the body, the State indicated that it was conducted with the greatest respect for the victim’s family and in compliance with the obligation to investigate and collect evidence from the body of the deceased. This proceeding, as is common practice, may be conducted in a hospital or during the wake, if the remains have been handed over to the family (Merits file, pages 290, 291 and 979). 60