7
latitude to evaluate the evidence provided to it, in accordance with the principles of
logic and on the basis of experience.4
29.
Based on the foregoing, the Court will now proceed to examine and weigh all
the elements of the body of evidence in this case.
A) DOCUMENTARY EVIDENCE
30.
The Inter-American Commission provided
presenting its application brief (supra para. 8).5
documentary evidence
when
31.
The representatives presented several attachment as documentary evidence,
together with the requests and arguments brief (supra para. 9).6
32.
The Commission forwarded the statements (affidavits) made before notary
public by the witnesses, Benjamín Manuel Jerónimo and Eulalio Grave Ramírez, and
by the expert witnesses, Luis Rodolfo Ramírez García and José Fernando Moscoso
Möller (supra para. 12),7 as required by the President in the order of February 19,
2004, (supra para. 11). The Court will now summarize the relevant parts of these
statements.
a)
Statement of Benjamín Manuel Jerónimo, victim
He was born in Plan de Sánchez and has lived there ever since. He is 50 years old.
At the time of the facts, he farmed and made roof tiles. He speaks Maya-Achí.
Beginning in 1981, the Guatemalan Army began to visit the village of Plan de
Sánchez regularly. It rounded up the men, youths and adults for obligatory military
service. In addition, there were ten groups of Civil Self-Defense Patrols (hereinafter
“the PAC”), each one comprising ten men, in the village of Plan de Sánchez, and they
monitored and investigated everything that happened in the community.
On Sunday, July 18, 1982, the day of the massacre, the Army entered Plan de
Sánchez at 2 p.m. At that time, the witness was hidden in the woods, 75 meters
from his sister’s house. Subsequently, the soldiers approached his sister’s house,
where they collected all the inhabitants of Plan de Sánchez, and other individuals
they had captured on the way; they separated the children, and the girls of 15 to 20
years old. Then they began the massacre. First, they tortured the elderly, because
they said the latter were guerrillas; then they threw two grenades and fired
weapons. Lastly, they threw gasoline on the house and set fire to it. The young girls
they had separated were tortured and raped. After executing the women, the men
and the elderly, they took the children one by one, smashed them against the
ground, and threw them into the flames. No one could escape because the Army had
surrounded the entrance and exit of Plan de Sánchez, as well as the adjacent roads.
4
Cf. Case of Tibi, supra note 3, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 64, and Case of Ricardo Canese, supra note 3, para. 48.
5
Cf. file of appendixes to the application, appendixes 1 to 19, folios 73 to 972.
6
Cf. file of appendixes to the requests and arguments brief, tome I, appendixes 1 to 14, folios 1 to
222, and tome II, appendixes 15 to 28, folios 223 to 468.
7
Cf. statements made and expert reports given before notary public (affidavits) submitted by the
Commission (file on preliminary objections and merits and reparations, tome III, folios 470 to 518).
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