41
by the State authorities to provide information about the whereabouts of the victims or to conduct an
effective investigation to elucidate what happened causes increased suffering to the next of kin.212
The circumstances of this case reveal that the suffering of the five families affected by the
disappearance of their children has been exacerbated by the withholding of the truth about what
happened and the whereabouts of the victims, and by the lack of collaboration from the State
authorities to establish that truth, which consequently aggravated the violation of the next of kin’s
right to personal integrity.
123. The Court has also established that the elucidation of the fate or whereabouts of the
disappeared victim serves to relieve the anguish and suffering of families caused by the uncertainty
regarding the fate of the disappeared loved one.213 In the instant case, the uncertainty and lack of
information from the State about what occurred, which to a great extent continues today, has been
a source of suffering and anguish for the next of kin, and has caused them feelings of insecurity,
frustration and impotence owing to the public authorities’ refusal to investigate the facts.
124. There is a clear link between the suffering of the next of kin and the violation of their right to
know the truth (infra para. 170), which illustrates the complexity of forced disappearance and its
numerous effects. For example, María Juliana Rochac Hernández stated: “I have never been able to
get my little brother out of my mind since they took him; I remember him every December and I ask
myself if my mother would have found him, because you ask yourself questions and carry that burden
of wondering whether they killed him, where he was taken, how they have treated him… so many
questions.”214 For her part, María del Tránsito Hernández Rochac stated that “I still remember those
events and each time I feel pain, sadness, anxiety, sorrow, desperation and ask myself, where is my
brother José Adrián Rochac?” 215 The next of kin suffer physical and psychological effects and the
events have changed the dynamics of their families and communities. These effects, which are an
integral part of the complex phenomenon of forced disappearance, continue for as long as the
impunity regarding the proven facts persists.216 (infra Chapter VII-2).
125. Based on the foregoing considerations, and in view of the State’s acknowledgement of
responsibility, the Court concludes that the State violated the right to personal integrity recognized
in Articles 5(1) and 5(2) of the American Convention in relation to Article 1(1) thereof, to the detriment
of Alfonso Hernández Herrera, Sebastián Rochac Hernández, Tanislao Rochac Hernández, María
Juliana Rochac Hernández, María del Tránsito Hernández Rochac, Ana Margarita Hernández Rochac,
Nicolás Alfonso Torres Hernández, María Adela Iraheta, Julio Antonio Flores Iraheta, Felipe Flores
Iraheta, María Estela Salinas de Figueroa, Amparo Salinas de Hernández, Josefa Salinas Iraheta, María
Adela Hernández, José Juan de la Cruz Sánchez, Joel Alcides Hernández Sánchez, Valentina
Hernández, Santiago Pérez, Juan Evangelista Hernández Pérez, José Cristino Hernández, Eligorio
Hernández, Rosa Ofelia Hernández, María de los Ángeles Osorio, José de la Paz Bonilla, José Arístides
Bonilla Osorio, María Inés Bonilla de Galán, María Josefa Rosales, María Esperanza Alvarado, Luis
Alberto Alvarado, Petronila Abarca Alvarado, Daniel Ayala Abarca, José Humberto Abarca Ayala, Ester
Abarca Ayala, Osmín Abarca Ayala and Paula Alvarado.
212
Cf. Case of Blake v. Guatemala. Merits, supra, para. 114, and Case of Osorio Rivera and Family v. Peru, supra, para.
228.
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C
No. 191, para. 155, and Case of Osorio Rivera and Family v. Peru, supra, para. 249.
213
Statement rendered before the Inter-American Court by María Juliana Rochac Hernández during the public hearing
held on April 1, 2014.
214
215
4750).
Affidavit rendered by María del Tránsito Hernández Rochac on March 7, 2014 (evidence file, volume X, affidavits, folio
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 103, and Case of Radilla Pacheco v. Mexico. Preliminary objections,
merits, reparations and costs. Judgment of November 23, 2009. Series C No. 209, para. 172.
216