16
detention, disappearance and death, the Court deems it necessary to evaluate
their testimony in a broad sense in order to determine the effects and acts that
occurred after March 9, 1987, and the possible violations of the American
Convention.
47.
Accordingly, the Court has stated that:
[i]n the exercise of its judicial functions and when ascertaining and weighing the
evidence necessary to decide the cases before it, the Court may, in certain
circumstances, make use of both circumstantial evidence and indications or
presumptions on which to base its pronouncements when they lead to consistent
conclusions as regards the facts of the case... (Gangaram Panday Case, Judgment of
January 21, 1994. Series C No. 16, para. 49).
48.
The Commission argued in the petition that "[d]uring the time of Nicholas
Blake's abduction, forced disappearance constituted a practice of the Guatemalan
State carried out mainly by the State's security forces... against any persons
suspected of involvement in subversive activities." As an illustration of the
foregoing, the Commission cited the United Nations 1990 Report of Working
Group on Enforced or Voluntary Disappearances, which refers to numerous cases
of forced disappearances that occurred during the second half of the 1980s, and
indicated that 2,990 cases in Guatemala remained unsolved.
49.
The Court deems it possible for the disappearance of a specific individual
to be demonstrated by means of indirect and circumstantial testimonial evidence,
when taken together with their logical inferences, and in the context of the
widespread practice of disappearances. In a case such as this, the Court has
always maintained that a judgment can be based on evidence other than direct
documentary and testimonial evidence. Circumstantial evidence, indications, and
presumptions may also be admitted when they lead to consistent conclusions
with regard to the facts. As this Court has stated previously:
[c]ircumstantial or presumptive evidence is especially important in allegations of
disappearances, because this type of repression is characterized by an attempt to
suppress all information about the kidnapping or the whereabouts and fate of the
victim. (Velásquez Rodríguez Case, Judgment of July 29, 1988. Series C No. 4, para.
131; Godínez Cruz Case, Judgment of January 20, 1989, Series C No. 5, para. 137).
50.
As the Court has pointed out, the criteria for evaluation of evidence before
an international human rights tribunal are broader, since determination of a
State's international responsibility for human rights violation bestows greater
flexibility on the Tribunal in assessing evidence delivered to it on the pertinent
facts, on the basis of logic and experience (Loayza Tamayo Case, Judgment of
September 17, 1997. Series C No. 33, para. 42; Castillo Páez Case, Judgment of
November 3, 1997. Series C No. 34, para. 39).
51.
In accordance with this critera, the Court attributes a high probatory value
to the statements of the aforementioned witnesses, in the context and
circumstances of a case of a forced disappearance with its attendant difficulties in
which, owing to the very nature of the crime, proof essentially takes the form of
indirect and circumstantial evidence.
VII
FACTS PROVEN
52.
The Court now considers the following relevant facts, which it finds to be
established on the basis of the arguments of the State and the Inter-American