19
referents; d) in the case of Fidela Baldeón and her family, the loss of all family
referents due to the displacement of the rest of the family; e) the length of the
process in their quest for justice; f) the lack of social and institutional support; g) the
fear they have lived with; and h) the undermining of their lifestyle.
Lastly, the reparation measures may significantly reduce the permanent effects of
the damages they had suffered. The next of kin state that there is no way to bring
Bernabé Baldeón back, but they express their wish to have justice done and to see
that those responsible for his death are punished. They also state the need for a
public acknowledgment of responsibility by the State and the military authorities.
The suppression of impunity and the social punishment of those institutional
conducts that have proved to be contrary to human dignity are measures that may
help to regain confidence and contribute to social integration. They also consider that
it is important to provide reparation for the possibilities of studying that they,
particularly the grandchildren, were denied, as a consequence of the events. They
point out that there is a need to have both an individual and a collective reparation,
the former to cater for their basic needs so that they may overcome the critical
situation of poverty they are undergoing, and the latter, for the community, since
they are worried for the thousands of cases of persons that will never find their next
of kin. The case of Bernabé Baldeón-García is “emblematic [and has a] great impact
on the community.”
A program of “psycho-social care” would be extremely beneficial for the next of kin.
B) EVIDENCE ASSESSMENT
Documentary Evidence Assessment
65.
The Court admits in this case, as in others,9 the evidentiary value of the
documents filed by the parties in due time during the proceeding, and of those
documents submitted as evidence to facilitate the adjudication of the case that were
not contradicted or contested, and whose authenticity was not questioned.
66.
As regards the sworn statements containing the testimony of Crispín BaldeónYllaconza and Guadalupe Yllaconza-Ramirez de Baldeón, alleged victims in the
instant case, this Court admits the same to the extent they agree with their purpose,
as stated in Order of December 13, 2005 (supra para. 27) and weighs the same
together with the body of evidence, on the basis of sound judgment, In other cases,
the Court has admitted certain sworn statements not executed before a notary
public, but only when legal certainty and procedural balance between the parties are
not impaired.10 Furthermore, the Court considers that since these persons are next
of kin of the alleged victim and they have a direct interest in the instant case, their
testimony cannot be weighed in isolation and should be considered on the basis of
sound judgment, together with the other evidence provided in the case. The
testimonies of the alleged victims and their next of kin are useful as regards the
9
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 189; Case of López-Álvarez, supra note
6, para. 41; and Case of the Pueblo Bello Massacre, supra note 6, para. 71.
10
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 191; Case of García-Asto and RamírezRojas. Judgment of November 25, 2005. Series C No. 137, para. 92; and Case of Palamara-Iribarne.
Judgment of November 22, 2005. Series C No. 135, para. 57.