43.
During the public hearing, witness Velia Muralles Bautista handed over a folder of
documents from the Historical Archive of the National Police (supra para. 11), which was
delivered to the parties and the Commission at the hearing. The Court admits this
documentation, because it considers it useful for this case; moreover, it was not contested
and its authenticity and veracity were not questioned.
44.
Lastly, pursuant to Article 58(a) of the Court’s Rules of Procedure, and considering
them useful for deciding this case, the Court adds the following documents to the body of
evidence: (a) copy of the document known as the “Diario Militar,” 36 (b) copy of Decree No.
51-92, enacting the Code of Criminal Procedure, 37 and (c) copy of Decree-Law 145-96,
enacting the National Reconciliation Act. These documents were indicated by the parties in
their briefs without submitting them directly; however, they were provided as evidence in
the Case of Gudiel Álvarez (“Diario Militar”) et al. v. Guatemala, and the Court transfers
them from that case file to this case. 38 Also, pursuant to the said Article 58(a) of the Rules
of Procedure, and considering that they are useful for deciding this case, the Court adds the
following documents to the body of evidence: (a) copy of the Agreement on the Basis for
the Legal Integration of the Guatemalan National Revolutionary Unity, 39 and (b) copy of the
Agreement on a Firm and Lasting Peace. 40
B.2) Admission of the statements of the presumed victims and of
testimonial evidence
45.
Regarding the testimony provided by the presumed victims and the witnesses during
the public hearing and by affidavit, the Court finds this pertinent only to the extent that it is
in keeping with the purpose defined by the President of the Court in the Order requesting it
(supra para. 39). 41 It will be assessed in the corresponding chapter, together with the other
elements of the body of evidence, and taking into account the observations of the parties.
46.
Pursuant to this Court’s case law, the statements of the presumed victims cannot be
assessed in isolation, but rather, within all the other evidence in the case, because they are
useful insofar as that they can provide further information on the alleged violations and
their consequences. 42 On this basis, the Court admits these statements (supra para. 39),
and they will be assessed in keeping with the above-mentioned criteria.
47.
Lastly, the Court notes that the Commission requested the incorporation into the
body of evidence in this case of the testimony provided by Marco Tulio Álvarez Badilla in the
Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala (supra paras. 11 and 12). In
36
Diario Militar. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala (file of annexes to the Merits
Report, tome I, annex 11, folios 333 to 409)
37
Decree-Law No. 51-92: Code of Criminal Procedure. Case of Gudiel Álvarez et al. (“Diario Militar”) v.
Guatemala (file of annexes to the motions and arguments brief, tome I, annex A10, folios 9472 to 9605).
38
Decree No. 145-1996: National Reconciliation Act. Case of Gudiel Álvarez et al. (“Diario Militar”) v.
Guatemala (file of annexes to the motions and arguments brief, tome IV, annex A55, folios 10484 to 10487).
39
Agreement on the Basis for the Legal Integration of the Guatemalan National Revolutionary Unity. Madrid,
Spain. December 12, 1996. Available at: http://www.sepaz.gob.gt/index.php/acuerdos/separador2/ acuerdobases-incoporacion-unidad-revolucionaria-nacional-guatemalteca.
40
Agreement on a Firm and Lasting Peace. Guatemala, December 29,
http://www.sepaz.gob.gt/index.php/acuerdos/separador2/acuerdo-paz-firme-duradera.
1996.
Available
at:
41
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 40.
42
Cf. Case of Loayza Tamayo v. Peru. Merits, supra note 77, para. 43, and Case of Fontevecchia and
D’Amico v. Argentina, supra footnote 70, para. 15.
16