44
into account the foregoing upon the determination of the corresponding reparations (infra
Chapter IX).
129. Regarding Rainer Ibsen Cardenas, the Tribunal notes that Mrs. Martha Castro
Mendoza raised him since he was nine years old (supra para. 71). Given that this familial
relationship has not been questioned and that the State has made a broad
acknowledgment of responsibility that includes the violation of Article 5 regarding all the
next of kin without exception or limitation as to the facts alleged in the application (supra
paras. 5 and 24), the Tribunal presumes the suffering of Mrs. Martha Castro Mendoza for
the events that occurred to the detriment of Rainer Ibsen. The foregoing is also applicable
to Tito, Rebeca, and Raquel Ibsen Castro, siblings of Mr. Ibsen Cárdenas on their father’s
side. In this respect, the Tribunal notes that all of them constitute a single family group.
130. On the other hand, the Court recalls that in other cases, the continued denial of the
truth regarding the fate of a disappeared person constitutes cruel, inhumane, and
degrading treatment of close next of kin.160 Likewise, the Court has indicated that in the
face of acts of forced disappearance of persons, the State has the obligation to ensure the
right to humane treatment [personal integrity] of the next of kin through effective
investigations. Furthermore, the lack of effective remedies has been regarded by the Court
as an additional source of suffering and anguish for the victims and their family
members.161
131. In the instant case, the Court considers that the link between the suffering of Marta
Castro Mendoza, Tito Ibsen Castro, and Rebeca Ibsen Castro and the State’s denial to
inform them of the truth on what happened to their next of kin (infra Chapter IX) is clear.
Regarding Mrs. Marta Castro Mendoza, the Tribunal notes that in her statement, she
referred to her frustration in the search for her husband and her son, Rainer Ibsen
Cárdenas, in the following terms:
“I was from here to there without accomplishing anything [...], I could not do anything
as I was powerless and desperate, [...]. The [State] authorities, neither in democracy
and especially nor in dictatorships, helped us ever to know the fate and [what]
happened to our loved ones.”162
132. In this way, this Tribunal has already noted the actions taken by Rebeca and Tito
Ibsen Castro before different institutions and agencies of the State to seek justice for the
disappearance of their father and brother and to learn of their whereabouts (supra paras.
89 and 110 and infra paras. 140 to 141, 143, 146, 205, 216 and 223). They, in turn, have
tomb, and to stop thinking that his remains are lost[;] she wants to see him resting in a coffin.” Cf. Declaration
rendered before public notary (affidavit) by Mrs. Raquel Ibsen Castro (case file on the merits, volume III, folio
649).
160
Cf. Case of Trujillo-Oroza v. Bolivia. Reparations and Costs. Judgment of February 27, 2002. Series C
No. 92, para. 114; Case of Radilla Pacheco v. Mexico, supra note 8, para. 166, and Case of Chitay Nech et al. v.
Guatemala, supra note 6, para. 221.
161
Cf. Case of Blake v. Guatemala. Merits. supra note 155, para. 114; Case of Radilla Pacheco v. Mexico,
supra note 8, para. 167, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 221.
162
Cf. Declaration rendered before public notary (affidavit) by Mrs. Martha Castro Mendoza (case file on
the merits, volume III, folio 637 to 639).
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