Barrios, also alleged victims in this case.11 In addition, the Court adopted other orders for
provisional measures on February 4 and November 25, 2010, and February 21, 2011. The
provisional measures ordered by the Court remain in force at the date of this judgment.
V
EVIDENCE
12.
Based on the provisions of Articles 46, 47, 50, 57 and 58 of the Rules of Procedure,
as well as on its case law concerning evidence and its assessment, the Court will examine
and assess the documentary evidence submitted by the parties on different procedural
occasions, as well as the statements of the victims and the testimony and the expert
opinions provided by affidavit and during public hearing before the Court, together with the
helpful evidence that was requested by the Court (supra para. 9). To this end, the Court will
observe the principles of sound judicial discretion, within the corresponding legal
framework.12
A. Documentary, testimonial and expert evidence
13.
The Court received various documents presented as evidence by the Inter-American
Commission, the representatives and the State, together with their main briefs (supra
paras. 1, 4 and 5). In addition, the Court received affidavits from the following alleged
victims and expert witnesses:13
1)
Víctor Daniel Cabrera Barrios, alleged victim proposed by the representatives,
who testified on the alleged violations of which he had been the victim and those
supposedly committed against his family, and the impact that the facts had had on
his mother Eloisa Barrios, personally, and on her family life and her life project;
2)
Maritza Barrios, alleged victim proposed by the representatives, who testified
on the alleged circumstances surrounding the death of her brothers, her nephews
and her sons, as well as on the alleged violations of which she was a victim and
those allegedly committed against the rest of her family; the actions taken to obtain
justice and the response of the State authorities; the supposed suffering that the
alleged violations and their impunity had caused her family and, in particular, the
alleged impact that the murder of her next of kin and the constant threats had
caused to her personally, her family life and her life project;
3)
Elbira Barrios, alleged victim proposed by the representatives, who testified
on the alleged circumstances surrounding the death of her brothers, her nephews
and her son Oscar José Barrios, as well as on the alleged violations of which she was
a victim and those supposedly committed against her family; the actions taken to
obtain justice and the response of the State authorities; the supposed suffering that
11
In addition, the provisional measures included Yelitza Lugo Pelaes, who the Commission had not indicated
as an alleged victim in the instant case.
12
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 2001.
Series C No. 37, para. 76, and Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs. Judgment of
October 13, 2011. Series C. No. 234, para. 16.
13
In their brief of June 6, 2011, the representatives informed the Court that they would desist from
submitting the testimony of Justina Barrios, Inés Josefina Barrios, Darelbis Carolina Barrios, Jorge Antonio Barrios
Ortuño, Gustavo Ravelo, Jesús Ravelo, Dalila Ordalyz Ortuño and Junclis Esmil Rangel Terán (merits file, tome III,
folio 775).
9