19
VI
EVIDENCE
82.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, and
also on the Court’s jurisprudence regarding evidence and its assessment,46 the Court
will examine and evaluate the documentary probative elements forwarded by the
parties at different procedural occasions, as well as the testimony rendered by affidavit
and at the public hearing. To this end, the Court will abide by the principles of sound
judicial discretion, within the corresponding normative framework.47
1.
Testimonial evidence and expert opinions
83.
The written statements of the following witnesses and expert witnesses were
received:
a)
Luis Alberto Bosio. Witness proposed by the Commission. He testified,
inter alia, about “the forensic medicine investigations, and the medical
forensic anthropology appraisals he had made of some of the osseous
remains found in the so-called ‘Cotton Field’ between November 6 and 7,
2001; the conclusions he reached, and the compatibility of the previous
examination of the same remains with the relevant applicable
international standards.”
b)
Mercedes Doretti. Witness proposed by the Commission. She testified,
inter alia, about “the investigations carried out by the EAAF [Argentine
Forensic Anthropology Team] in relation to the murders of women and
girls committed in the State of Chihuahua, Mexico; the procedure for
identifying victims of such crimes; the conduct and the level of
collaboration of the authorities with these investigations, and the
conclusions reached by the EAAF based on their investigations.”
c)
Carlos Castresana Fernández. “[M]ember of the team of the United
Nations Office on Drugs and Crime (UNODC) that, in 2003, supervised
the domestic investigations into the murders of women and girls in
Ciudad Juárez, including the Cotton Field cases.” Expert witness
proposed by the Commission. He testified, inter alia, about “due
diligence in the investigation procedures for crimes of this nature, and
the investigations conducted in the Cotton Field cases in light of the
relevant applicable international standards.”
d)
Servando Pineda Jaimes. “Director of the Social Science Faculty of the
Universidad Autónoma de Ciudad Juárez.” Expert witness proposed by
46
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 25, 2001. Series C No. 76, para. 50; Case of Acevedo Buendía et al. (“Discharged and
Retired Employees of the Office of the Comptroller”) v. Peru. Preliminary Objections, Merits, Reparations and
Costs. Judgment of July 1, 2009. Series C No. 198, para. 22, and Case of Escher et al. v. Brazil. Preliminary
Objections, Merits, Reparations and Costs. Judgment of July 6, 2009. Series C No. 199, para. 55.
47
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 46, para. 76; Case
of Reverón Trujillo v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of June
30, 2009. Series C No. 197, para. 26, and Case of Escher et al. v. Brazil, supra note 46, para. 55.