95
they are not documents with official data. Therefore, within the context of the
instant case, this Court admits into evidence, in accordance with the powers vested
in this Court by Article 44 of the Rules of Procedure, the life expectancy tables
submitted in the Paniagua Morales et al. and Villagrán Morales et al. cases, both
against Guatemala, to conduct the respective calculations, as well as the criteria
given in those cases regarding the issue of life expectancy.14
24.
Regarding the tables on exchange rates from November, 2000 to February,
2001, filed as appendices by the representatives of the victims, the Court admits
them into evidence under the terms stated therein.
25.
The videotape “Dirty Secrets: Jennifer, Everardo, and the CIA in Guatemala”
submitted by the representatives of the victims is admitted into evidence insofar as it
complements the evidence contributed in the instant case.
26.
In the instant case, as in others, the Court recognizes the evidentiary value of
the documents filed by the parties at the appropriate procedural times or as evidence
to facilitate adjudication of the case that were neither disputed nor objected, when
their authenticity was not questioned.
27.
Regarding testimony rendered in the instant case, the Court evaluates such
testimony insofar as it is in accordance with the purpose of the proposed
examination. In this regard, the Court deems that statements by next of kin and
persons having a direct interest in this case cannot be assessed in an isolated
manner but rather within the body of evidence of the proceedings. In connection
with reparations, testimony of next of kin is useful insofar as it may provide further
information on the consequences of the violations committed.15
28.
Regarding the expert opinion given by Ana Deutsch, this Court assesses it in
accordance with the proposed purpose of the report.
V
PROVEN FACTS
29.
With the aim of determining the appropriate measures of reparation in the
instant case, the Court will base itself on the facts admitted as proven in the
November 25, 2000 Judgment. During the current stage of the proceedings, the
parties have also contributed new evidence with the aim of proving the existence of
supplementary facts that are relevant to the aforementioned measures. The Court
has examined the evidence and the respective arguments of the parties on the
declarations and, as a result of this examination, declares that the following facts
have been proven.
A)
With respect to Efraín Bámaca Velásquez:
a)
that Efraín Bámaca Velásquez was born on June 18, 1957,16 and he
was a commander of the URNG at the time of the events;17
14
See Villagrán Morales et al. Case, Reparations, supra note 5, para. 81; and Paniagua Morales et
al. Case, Reparations, supra note 5, para. 68.
15
See Villagrán Morales et al. Case, Reparations, supra note 5, para. 55; and Paniagua Morales et
al. Case, Reparations, supra note 5, para. 70.
16
See Bámaca Velásquez Case, supra note 6, para. 121, subparagraph a).