11
reserves the right to evaluate their value as evidence, applying the rule of sound
judicial discretion, and within the context of the body of evidence12.
49.
Regarding the additional evidence forwarded by the Commission with the
Spanish version of its brief on reparations (supra para. 44), the Court considers that,
in principle, it is useful for deciding the instant case and, therefore, adds it to the
body of evidence in application of the provisions of Article 44(1) of the Rules of
Procedure. Nonetheless, it should be pointed out that the said documentation refers
to the child, Wilson Ravid Agreda Vásquez, who is the son of Henry Giovanni
Contreras, according to the sworn declaration made by Ana María Contreras on
August 24, 2000, and her statement at the public hearing. However, the copy of the
birth record of Wilson Ravid Agreda Vásquez states that he is the son of María del
Rosario Vásquez Escobar and Ravid Lorenzo Agreda Orellana. Since the latter is a
public document and there is no document of the same standing in the file that
contradicts it, this Court cannot recognize that the person in question is the son of
Henry Giovanni Contreras.
50.
On April 19, 2001, the representatives of the victims’ next of kin submitted
copies of the birth certificates of Gerardo Adoriman Villagrán Morales, Reyna Dalila
Villagrán Morales, Guadalupe Concepción Figueroa Túnchez and Zorayda Izabel
Figueroa Túnchez and, on May 7, 2001, they submitted the birth certificate of
Federico Clemente Figueroa Túnchez, as evidence to help it make a more informed
decision, in compliance with the President’s request (supra para. 34).
These
documents are therefore admitted and will be evaluated within the body of evidence
submitted in the instant case, in accordance with Article 44(1) of the Rules of
Procedure.
51.
The Commission added to the file a document produced by the National
Institute of Statistics of Guatemala (INE) entitled “Guatemala: Tablas Abreviadas de
Mortalidad (Período 1990-1995)” (Guatemala: Summary Mortality Tables (19901995)) to show the life expectancy of the victims. This Court will bear in mind the
relevant information when determining the life expectancy of the victims – this is
understood to be the number of additional years that each victim might have lived –
and it will also take into consideration data such as the age, sex and geographical
zone of residence.
52.
With regard to the documents submitted by the expert, Christian Salazar
Volkmann, during the public hearing, at the request of the President (supra para.
46), the Court considers that they are useful within the context of the body of
evidence and incorporates them, in accordance with Article 44(1) of the Rules of
Procedure. It proceeds in the same way with regard to the following documents:
“Historia del Salario Mínimo Mensual, según año 1980 - 1995” (Record of the
Minimum Monthly Wage, by year: 1980-1995) and “Guatemala: Estadísticas del Tipo
de Cambio Promedio Mensual, años 1996 - 2000” (Guatemala: Statistics on the
Average Monthly Exchange Rate, 1996-2000), Economic Studies Department,
Balance of Payments Section.
53.
It should also be pointed out that the body of evidence of a case is unique
and cannot be separated and is made up of the evidence submitted at all stages of
12
cf. Loayza Tamayo case. Reparations (Article 63(1) American Convention on Human Rights).
Judgment of November 27, 1998. Series C No. 42, para. 57.