68
and the subsequent acts or omissions of the State authorities in relation to the
facts.76
97.
In the instant case, the Court recalls its case law to the effect that in cases
involving the forced disappearance of persons, it can be understood that the violation
of the right to mental and moral integrity of the victims’ next of kin is a direct result,
precisely, of this phenomenon, which causes them severe anguish owing to the act
itself, which is increased, among other factors, by the constant refusal of the State
authorities to provide information on the whereabouts of the victim or to open an
effective investigation to clarify what occurred.77
98.
Without detriment to the above, the Court considers it pertinent to examine
the situations that, according to their testimony and the proven facts (supra paras.
56 and 61), were experienced by some of these next of kin before, during and after
the illegal detention and forced disappearance of Agustín Goiburú Giménez, Carlos
José Mancuello Bareiro and Benjamín and Rodolfo Ramírez Villalba, which could
increase the violation of the right to humane treatment.
99.
The Court will describe below the situations of the next of kin before the
detention and disappearance of the said victims:
(a)
Dr. Agustín Goiburú Giménez’s family lived with him in exile for several
years, owing to the threats, harassment, surveillance and persecution
he suffered because of his opposition to the dictatorial regime;
(b)
Before the Goiburú Benítez family left Paraguay, the Stroessner
Government attempted to implicate Elva Elisa Benítez de Goiburú, Dr.
Goiburú’s wife, “as an alleged criminal, a terrorist, who kept weapons
of war” in her home, “by torturing other prisoners”;
(c)
When the family went into exile in Argentina, Rogelio and Rolando, the
couple’s older offspring, were still children. Their youngest child,
Patricia Jazmín, was born in exile. Dr. Goiburú’s family had to endure
constantly moving home, city, and even country on one occasion,
owing to the threats they received. In this regard, their oldest son
stated: “We were always being harassed. When I was only 10 years’
old, we had already moved home 15 times, three times to different
cities and seven times to different parts of a city”;
(d)
In November 1969, Dr. Goiburú’s son Rolando, who was 11 years’ old
at the time, and his father were abducted while they were fishing in
the Paraná River in Argentina and taken to Paraguay, at gunpoint.
Rolando was imprisoned and “cried and screamed all night.” Moreover,
he “saw his father tied up and with his head covered.” Subsequently,
he was released alone in Encarnación. Based on these facts, Elva Elisa
Benítez de Goiburú took various measures before international
organizations to find her husband’s whereabouts. Once she found out
76
Cf. Case of Gómez Palomino, supra note 5, para. 60; the Mapiripán Massacre case, supra note 2,
paras. 144 and 146, and Case of the Serrano Cruz Sisters, supra note 68, paras. 113 and 114.
77
Cf. Case of the Ituango Massacres, supra note 1, para. 340; Case of Gómez Palomino, supra note
5, para. 61, and Case of the Pueblo Bello Massacre, supra note 5, para. 143.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos