59 María Florinda, Juan Carlos, and Celio Vijil Sánchez, all minors at the time of the events. Juan Humberto was captured by military officers who burst into the house pointing their weapons at its occupants, taking him away by force and threatening to kill his next of kin if they went before the authorities; c) Juan José Vijil was summoned and interrogated by military agents several times thereafter, on July 15, 22, 23 and 28, 1992, with the aim of obtaining information from him regarding the activities carried out by Juan Humberto Sánchez, and of persuading him to convince his wife that the army had not participated in the facts. The first time, on July 15, 1992, they showed up at his house and inspected its roof as well as the interior, without a search warrant. The last time, on July 28, 1992, Mr. Vijil was taken to Tegucigalpa for interrogation, without allowing him to inform his next of kin; d) María Dominga Sánchez, the mother of the alleged victim, suffered a “nervous breakdown” as a direct consequence of the kidnapping and disappearance of her son, and her health worsened with the detention and kidnapping of her husband on July 28, 1992; e) in face of the imminent danger and general fearfulness of the family, some days after the death of Mr. Sánchez its members moved to Tegucigalpa, where COFADEH provided psychological care to help them overcome the loss; f) the next of kin of Juan Humberto Sánchez also suffered due to the order by which the body of the alleged victim was buried at the place where it was found, taking into account only the consideration of prompt burial, and they were denied the possibility of burying their beloved one according to their traditions; this entailed suffering that clearly constitutes cruel, inhuman and degrading treatment; and g) impunity tolerated by the State and the behavior of the authorities that impede the judicial remedies from attaining positive results, for lack of a serious and effective investigation, not punishing those responsible, has generated a feeling of deep grief, fear, frustration and powerlessness of the next of kin of the victim for over nine years. Pleadings of the Commission 92. The Commission alleged that the State breached Article 5 of the Convention because: a) despite the fact that the alleged victim had already been detained and interrogated once by members of the Tenth Infantry Battalion and released for lack of evidence, and the case had been closed, the intelligence officers of the First Battalion of Territorial Forces once again captured Mr. Sánchez, took him to the detachment post at La Concepción, held him there in a clandestine manner, and interrogated him, which caused anguish and deep suffering. These circumstances constitute the subjective element of torture that is defined as “the intervention of a will deliberately directed at obtaining certain ends, such as obtaining information from, intimidating or punishing a person;”