81
affected me; she has medicines for everything, because she is ill. [The search to obtain justice] has
affected the family finances, because by mother stopped doing things.336
237.
And, in his affidavit, José Roberto Franco stated as follows:
I remember that I was very afraid that someone would hurt me. […] It affected me greatly because I
am afraid that they may do something to those that I love most. […] my mother [has been greatly
affected with] profound depression that has even led her to want to take her own life. […] God saved
her from this [and] also [from] many illnesses. […] I have felt fearful that someone may want to do
something against us, because my mother has tried to clarify the death of my sister.337
238. Furthermore, in his expert opinion, Rodolfo Kepfer Rodríguez analyzed the problems
suffered by Rosa Elvira Franco Sandoval, Leonel Enrique Veliz Franco and José Roberto
Franco and, in this regard, stated:
The life of Mrs. Franco [Sandoval] was subject to frustration and indignation, owing to the lack of
response to her need to obtain justice. […] The offhandedness, negligence and passivity
demonstrated by the State authorities in the face of [Mrs. Franco’s] persistent, unfailing and decided
attitude in search of justice were crucial in the development of attitudes and feelings that, over time,
would adversely affect Mrs. Franco’s health. […] The specific effects on Mrs. Franco and her sons,
Leonel and José Roberto, have evolved over the years: the first two years were especially troubling
for the younger son because they changed the whole life project of an 11-year old child, causing him
problems at school, shyness, and a period of social inhibition of around one year. Meanwhile, the
elder brother, Leonel, was forced to develop confrontational abilities to take on the demands of his
adolescence, thus developing an energetic and forceful character, which was reinforced by his
involvement in religion.338
239. Based on the foregoing testimony and the expert opinion, and on the facts of the
case, the Court considers that the lack of prevention in this case, together with the failure of
the State authorities to act diligently in the investigation of María Isabel’s murder, and the
impunity in which the facts and the investigation remain, caused suffering to Rosa Elvira
Franco Sandoval. In addition, it has been proved that, during the investigation, Mrs. Franco
Sandoval was treated disdainfully and disrespectfully by State agents, both with regard to
herself and to her daughter, María Isabel, which resulted in an added violation of her
personal integrity.
240. Regarding Leonel Enrique Veliz Franco, José Roberto Franco, Cruz Elvira Sandoval
Polanco de Franco and Roberto Franco Pérez, the Court finds that there is insufficient
evidence to prove that their personal integrity was affected owing to non-compliance with
the obligation of prevention, the lack of due diligence, and the delay in the investigations
that are underway in the domestic jurisdiction.
241. As regards the allegation that the State is responsible for the violation of Article 5 of
the Convention owing to the harassment and threats against Rosa Elvira Franco Sandoval,
Leonel Enrique Veliz Franco and José Roberto Franco, following the death of her daughter
and their sister (supra para. 26), the Court will not refer to this because, as already
indicated (supra para. 27), these incidents exceed the factual framework of the Merits
Report in this case.
242. Consequently, the Court finds that the State is responsible for the violation of the
right to personal integrity established in Article 5(1) of the American Convention, in relation
to Article 1(1) of this instrument, to the detriment of Rosa Elvira Franco Sandoval.
336
Testimony of Leonel Enrique Veliz Franco, supra.
337
Testimony of José Roberto Franco provided by affidavit dated April 16, 2013 (file of preliminary objections,
merits, reparations and costs, fs. 823 to 828).
338
Testimony provided by Rodolfo Kepfer Rodríguez by affidavit dated April 26, 2013 (file of preliminary
objections, merits, reparations and costs, fs. 838 to 854).