-27The expert witness stated that the next of kin of the alleged disappeared have
“emotional scars,” rather than mental problems. Some of the next of kin have major
symptoms of depression and most have had psychotherapeutic or pharmacological
treatment in the past and, in some cases, this continues. The mental suffering of the
next of kin resulting from the alleged disappearance of their family members has
been very acute and this has caused them “important functional difficulties” in
adapting to daily life.
In addition to being affected by mourning their children, the parents interviewed say
they are affected by different physical health problems in a context of precariousness
and lack of financial resources; they associate the lack of resources to confront these
health problems with the impact of financial losses and the loss of their allegedly
disappeared family members, owing to the latter’s role in supporting the family
financially. Also, most of the children suffered significant emotional problems in the
years following the alleged disappearance of their fathers, such as “isolation, sadness
and social withdrawal” and “behavioral problems such as hyperactivity and
aggressive conduct.” The lack of a father figure in their education and upbringing
“has conditioned their lives to date.”
Mr. Beristáin stated that the search for the remains of the alleged victims would
benefit from the complementary intervention of independent professionals as well as
guarantees that the recommendations of international protocols would be followed.
Finally, he indicated that all psychosocial care should be arranged in agreement with
the next of kin.
B) TESTIMONIAL EVIDENCE
66.
During the public hearing (supra para. 31), the Court received the statements
of the witnesses proposed by the Inter-American Commission, the representatives
and the State. The Court summarizes the relevant parts of these statements below.
Witnesses proposed by the Commission and the representatives
a) Ángel Emiro Jiménez Romero, son of Ángel Benito Jiménez Julio
Ángel Emiro Jiménez Romero stated that his father was a peasant from Pueblo Bello
who did agricultural work. He also explained that there were always soldiers in the
area, because, the FL operated around Pueblo Bello and, according to the witness,
this caused military conflicts in the area. The armed forces were located at the
military base of San Pedro de Urabá, which manned a military roadblock 24 hours a
day at the entrance to the municipality, and at another military base in the
jurisdiction El Alto, Mulatos. He said he knew the Army prevented vehicles from
passing after 6 p.m., without any exceptions.
The witness took various steps to find the alleged victims. For example, he made a
list with the names of those who had seen what happened to the people of Pueblo
Bello and, with this list, he went to San Pedro de Urabá because, he said, this was
where the trucks with the alleged victims went. Mr. Jiménez Romero said that the
next of kin spoke with a Lieutenant Rincón, who did not give them any information
when they told him that, on the night of the facts, there were soldiers present. To
the contrary, he stated that the lieutenant “became furious and said ‘and why are
you here now; when they took [Fidel Castaño’s] cattle, you did not come to report
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