10
45.
The State attached one piece of documentary evidence to its brief with
comments on the briefs on reparations of the representatives of the victims’ next of
kin and the Commission8.
46.
At the request of the President, the expert witness, Christian Salazar
Volkmann, submitted copies of three documents9 during the public hearing on
reparations.
*
*
*
47.
In this case, the Court admits the value as evidence of those documents that
were submitted by the parties at the appropriate time, that were not contested or
opposed and the authenticity of which was not disputed10.
48.
With regard to the annexes forwarded by the representatives of the victims’
next of kin to show that Anstraun Aman Villagrán Morales, Henry Giovanni Contreras
(evidence of employment) and Julio Roberto Caal Sandoval worked, the State
alleged that they were not reliable and lacked the necessary legal requirements to be
admitted as evidence. Likewise, with regard to the sworn declarations of Margarita
Urbina11, Ana María Contreras and Matilde Reyna Morales García made before the
notary, Gustavo Rodolfo de León Rodas on April 6, 2000, the State objected to them
and requested that they be declared inadmissible, because it considered that the
witnesses were not qualified to “emit opinions with regard to their own family
members, since there arguments could be entirely biased” and “they merely state
that their respective family members were employed before they died”. The State
added that such declarations lacked the necessary formal elements. In this regard,
this Court considers that, in accordance with the criteria of flexibility in receiving
evidence mentioned above, such annexes and declarations should be admitted and
“Información del mercado bancario. Operaciones del 17 de agosto del 2000” prepared by the Banco de
Guatemala.
7
cf. sworn declaration by Ana María Contreras of August 24, 2000; copy of the school record of
Wilson Ravid Agreda Vásquez at the Official Urban Coeducational School “La Brigada”, dated October 31,
1997; and copy of the birth certificate of Wilson Ravid Agreda Vásquez.
8
cf. copy of the “Plan de Acción a Favor de los Niños, Niñas y Jóvenes de la Calle” prepared by the
Social Welfare Secretariat, Forum for the Protection of Street Children and Youth” and COPREDEH.
9
cf. document entitled “Estudio sobre Adopciones y Derechos de los Niños y las Niñas en
Guatemala. Guatemala, 2000” prepared by the Latin American Institute for Education and Communication
(ILPEC); document entitled “Aproximación situacional del niño, niña y adolescente de la Calle” prepared by
the Social Work Secretariat of the Wife of the President -SOSEP-, Guatemala, October 1998; and
document entitled “Violación a los Derechos Humanos de los Niños de la Calle”, Impunity Report, 19901998, prepared by Asociación Casa Alianza/Guatemala, 1999.
10
cf. Ivcher Bronstein case, supra note 2, para. 73; “The Last Temptation of Christ” case (Olmedo
Bustos et al.), supra note 2, para. 55; and Baena Ricardo et al. case, supra note 2, para. 74.
11
In the judgment on merits in this case, the name of the grandmother of the victim, Julio Roberto
Caal Sandoval, was said to be Margarita Sandoval Urbina; however, the body of evidence collected at the
reparations stage contains reliable documents that allow us to establish that her correct name is Margarita
Urbina.