49.
The documents submitted by the State on October 30, 2001 (supra paras. 26
and 43), and those forwarded by CEJIL on November 28, 2001, regarding the
questions that the Court had asked the State during the public hearing on
reparations (supra paras. 32 and 45), are incorporated into the body of evidence in
the instant case in application of the provisions of Article 44 of the Rules of
Procedure, since they were requested as additional (supra paras. 20 and 21).
50.
The Court also considers that the documents provided by the State on March
16, 2001 (supra paras. 15 and 41) and on November 27, 2001 (supra paras. 31 and
44) are useful, as well as the documents submitted by CEJIL on October 29, 2001
(supra paras. 25 and 42), and on November 28, 2001 (supra paras. 32 and 45),
particularly taking into account that these documents were forwarded to the parties
and they did not challenge them, object to them or raise any doubts about their
authenticity or truth. Consequently, it incorporates them into the body of evidence
in the instant case.
51.
The State did not present the documentation requested by the Secretariat on
November 9, 2001 (supra para. 27), as additional evidence. In this respect, the
Court observes that the parties should provide the Court with the evidence it
requests, whether this is of a documentary or testimonial nature, expert reports or
any other type.
*
*
*
ASSESSMENT OF TESTIMONIAL EVIDENCE
52.
With regard to the testimony given by Antonia Gladys Oroza de Solón
Romero, the Court attaches importance to it, since it is consistent with the purpose
of the line of questioning proposed by her legal representatives and by the
Commission. It is also important to indicate that the State did not ask Mrs. Oroza de
Solón Romero any questions. This Court considers that, since this is the statement
of the victim’s mother and as she has a direct interest in the case, her testimony
cannot be evaluated separately, but as part of all the evidence in the proceeding. It
is also important to indicate that, in the case of reparations, the testimonies of the
next of kin of the victims are useful, since they can provide greater information
about the consequences of the violations perpetrated14.
V
PROVEN FACTS
53.
In order to determine the measures of reparation that are in order in this
case, the Court will use as a basis the facts set forth in Section III of the
Commission’s application and accepted by the State when it acknowledged its
international responsibility15.
Furthermore, at this stage of the proceeding, the
parties have added elements of evidence to the file that are relevant to determine
these measures of reparation. The Court has examined these elements and the
arguments of the parties and declares that the following facts are proven:
14
cf. The “Street Children” case (Villagrán Morales et al.). Reparations, supra note 3, para. 55; and
The “White Van” case (Paniagua Morales et al.). Reparations, supra note 4, para. 70.
15
cf. Trujillo Oroza case, supra note 1, paras. 2 and 36.