35. In addition, the representatives offered in their pleadings and motions brief an expert opinion from Yeiny Carolina Bocachica Torres on the psychosocial harm experienced by the family of Óscar Iván Tabares Toro. The representatives had been ordered to present this expert opinion by an Order of the President on October 18, 2022. However, the representatives reported before the deadline that the expert opinion, duly authenticated by affidavit, had been presented to the Court with their pleadings and motions brief. The Court notes that, indeed, the document was submitted as an annex and was signed jointly by the evaluators—Yeiny Carolina Torres Bocachica and Carlos Mario Quintero González—from the Colombian Psychosocial Collective on September 11, 2021. This indicates that the document was not submitted according to the terms set in the October 18, 2022, order calling for a hearing and that it is now part of the body of evidence in the case as documentary evidence. The Court will assess the document, but that does not mean that it carries the evidentiary weight or value of an expert opinion. B. Admissibility of the testimonial and expert evidence 36. The Court finds it appropriate to admit the statements provided at public hearing 15 and by affidavit, 16 as they are in keeping with the purpose established by the President in the orders requiring them in this case (supra para. 9). VI FACTS 37. In this chapter, the Court will set out the established facts of this case based on the State’s acknowledgment of responsibility, the factual framework, and the body of evidence admitted, in the following order: (a) Óscar Iván Tabares Toro; (b) Óscar Iván Tabares Toro’s disappearance and his family's search for him; (c) domestic proceedings; and (d) repercussions of the search for María Elena Toro and her family. A. Óscar Iván Tabares Toro 38. Óscar Iván Tabares Toro was born in the municipality of Helicona in Antioquia, Colombia, on January 3, 1974. His parents are Óscar de Jesús Tabares and María Elena Toro Torres, and his siblings are: María Bibiancy Tabares Toro 17, Leidy Julieth Gallego Toro 18, María Isabel Gallego Toro 19, and Jhon Fredy Tabares Giraldo 20. Beginning in 1980, Óscar lived with his mother and Holmar de Jesús Gallego Márquez, who acted as his stepfather from that point on. 21 39. In 1994, Óscar Tabares joined the National Army. He first did his mandatory military service and then stayed on as a paid soldier. 22 By December of 1997, Óscar Tabares was serving as an active-duty The Court received public hearing statements from María Elena Toro Torres (by video conference), alleged victim, proposed by the representatives; Elsa María Moyano Galvis, witness, proposed by the State; and Jorge Eliécer Molano Rodríguez, expert witness, proposed by the Commission. 16 The Court received statements by affidavit from María Bibiancy Tabares Toro and María Isabel Gallego Toro, alleged victims, proposed by the representatives; Carlos Eduardo Rayón Jiménez, Hugo Alexander Tovar Pérez, María Paula Leguizamón Zárate, and Roberto Ramírez García, witnesses, proposed by the State; Omar Eduardo Rojas Bolaños, expert witness proposed by the representatives; and Fanny Cecilia Merchán Merchán, expert witness proposed by the State. 17 Cf. Identity card No. 43.583.003 and birth certificate of María Bibiancy Tabares Toro (evidence file, folios 5– 7). 18 Cf. Identity card No. 43.974.790 and birth certificate of Leidy Julieth Gallego Toro (evidence file, folios 13– 15). 19 Cf. Identity card No. 1.017.145.596 and birth certificate of María Isabel Gallego Toro (evidence file, folios 17–19). 20 Cf. Identity card No. 1.017.168.287 and birth certificate of Jhon Fredy Tabares Giraldo (evidence file, folios 9–11). 21 Cf. Statement record of Holmar de Jesús Gallego Márquez before the Prosecutor General of the Nation on July 11, 2002 (evidence file, folios 21–25). This individual passed away on June 4, 2010. 22 Cf. Proofs of payment issued by the Ministry of National Defense to Óscar Iván Tabares Toro in June and July of 1997 (evidence file, folios 3726 and 3727). 15 9