9
and as a method of reparation, the Court finds it necessary to pass a Judgment to establish
the facts and all the elements on the Merits of the instant case, as well as the related
consequences regarding reparations.
VI
EVIDENCE
36.
Based on Articles 44 and 45 of the Rules of Procedure, as well as on the case law of
the Court concerning evidence and its assessment,14 the Court will proceed to examine and
assess the documentary probative elements forwarded by the parties at different procedural
opportunities, the statements provided by affidavit and the testimony received at the public
hearing (supra para. 10), as well as the helpful evidence requested by the President (supra
para. 11). In this regard, the Court will abide by the principles of sound judicial discretion,
within the corresponding legal framework.15
A)
Documentary, Testimonial and Expert Evidence
37.
The statements made before notary public (affidavits) by the following alleged
victims, witnesses and expert witnesses were accepted:16
a)
Trinidad Marcial Bueno-Romero, former personal assistant to Blanca
Jeannette Kawas-Fernández and witness proposed by the Commission. Her
testimony referred to: (a) the work of Blanca Jeannette Kawas in her capacity as a
defender of the environment and natural resources; (b) the alleged conflicts with
peasants of the Unión Nacional Campesina (UNC) and with industrialists from the
Hondupalma company in the agricultural sector; and (c) what she knew about the
facts that occurred on February 6, 1995.
b)
Danelia Ferrera-Turcios, Director General of the Prosecutor’s Office and
witness proposed by the State. She testified about the lawsuits filed in the cases of
the death of Carlos Escalera-Mejía, Carlos Antonio Luna-López, Hernaldo Zúñiga and
other environmentalists named by the Commission and the representatives in their
applications, as well as the results of those actions, the individuals convicted, the
arrest warrants issued, and the status of the said cases.
c)
Selsa Damaris Watt-Kawas, alleged victim in the instant case proposed by the
representatives. She testified about: (a) the work performed by her mother, Blanca
14
Cf. Case of the “White Van” (Paniagua-Morales et al.) V. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76; Case of Ríos et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10,
para. 101; and Case of Perozo et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para.
112.
15
Cf. Case of Nogueira de Carvalho et al. V. Brazil. Preliminary Objections and Merits. Judgment of
November 28, 2006. Series C No. 161, para. 55; Case of La Cantuta V. Perú. Merits, Reparations and Costs.
Judgment of November 29, 2006. Series C No. 162, para. 59; and Case of Kimel. Merits, Reparations and Costs,
supra note 9, para. 29.
16
In relation to testimony given by Blanca Fernández and Carmen Marianela Kawas-Fernández, offered by
the representatives and required by the Order of the President, on November 7, 2008, the representatives
presented a communication affirming that “with regard to the testimony of Blanca Fernández, mother of the
[alleged] victim in the case, we desist from presenting this because [...] she is currently 82 years of age and her
physical and mental condition has deteriorated so that it is not possible to provide the requested statement. We
also desist from the testimony of Carmen Marianela Kawas-Fernández, the [alleged] victim’s sister, because she
was unable to make the required statement and carry out the corresponding authentication procedure, since she is
currently responsible for the care of her mother, Blanca Kawas, whose health […] has deteriorated.”