60 222. Also, the Tribunal has established that the clarification regarding the whereabouts of the person is of utmost importance that the next of kin, as this permits the next of kin to relieve their anguish and the suffering caused by the uncertainty of the whereabouts of their disappeared next of kin.239 223. In the present case, the suffering caused by the impact of the forced disappearance of Florencio Chitay Nech, are evidenced in the statements made by his next of kin. In this sense, Eliseo Chitay expressed that he and his next of kin needed “to know the truth about what happened, of why the kidnapping happened, and the reason why they have [had] to experience sadness, anguish, hunger, and each one of the members of [his] family […] has had to be separated at young age to safeguard [their] lives, […] never enjoy[ing] their childhood, [their] youth, at a young age they [had] to work to earn their daily sustenance[, and, in addition ] there was a deep sadness [because] they had to be alone in another country.” Also, Pedro Chitay testified that he and his next of kin had psychological problems, and they were not able to vent, and that they feel terror when they see uniformed army officers, and fear at the thought of returning now to Guatemala. For his part, Encarnacion Chitay expressed that the day of the forced disappearance of his father was “the saddest day of [his] life” and that he felt “sadness and pain [for] not being able to be with [his] brothers” and above all, of not being able to be at the side of his father and mother [, which] is the most sacred and divine thing for a being human, and [they] have not lived it.” 224. Also, Claudia Elisa Sesam Lopez expressed that, being the partner of Encarnacion Chitay, “she also experienced the disintegration of the family along with him[,][…] they had to move forward themselves, the saddest and most unfortunate thing [is] not being able to return to their communities. [. Also,] all of them suffered from some sickness [and] all of them of course had emotional and psychological problems that are still untreated.” 225. In the present case, as it was established, the Court granted full legal effects to the partial recognition of international responsibility of the State regarding Article 5 of the Convention. This Tribunal notes also that from the testimonies given by the next of kin of Florencio Chitay Nech and the violations declared in the prior chapters, they have suffered harm to their personal integrity. In addition, the denial of justice and the lack of knowledge of the whereabouts of Mr. Chitay Nech that persist to date have given the alleged victims a new traumatic impact that has generated feelings of indignation, frustration, and even terror. The Tribunal observes that said experiences have impacted their social relationships, altered their family dynamic and their sense of belonging to an indigenous community, which has continued to cause suffering and fear. 226. For that expressed, this Tribunal considers that the effects, both psychological as well as physical, suffered by the members of the Chitay Rodriguez family, understood comprehensively in the complexity of the phenomenon of a forced disappearance, remain while the factors of verified impunity persist,240 which, at the same time, prevent closure of the mourning process they have lived for many years. Consequently, this Court considers that the State is responsible for the violation of the right to humane treatment recognized in Article 5(1) of the Convention, in relation with Article 1(1) of the same to the detriment 239 240 Cf. Case Ticona Estrada et. al. V. Bolivia, supra note 84, para. 155. Cf. Case Goiburú et. al. V. Paraguay, supra note 87, para. 103; Case Anzualdo Castro V. Perú, supra note 86, para. 114, and Case Radilla Pacheco V. México, supra note 12, para. 172.