happened. Despite the time elapsed, he continues to suffer and feel upset because
justice has not been attained. He believes the judgment by which they received
compensation does not mean that justice has been attained. He believes that he did
what he had to do for the State to respond, but due to lack of punishment of those
guilty he does not believe there is justice nor guarantees to do anything; he feels
alone, without support nor backing. He is not aware of any criminal proceedings to
investigate those responsible for his brother’s death, and he has not been
summoned to testify. He feels mistrust for the country’s institutions, which also
makes him fear and have work-related difficulties to resettle in Mocoa.
C) EXPERT TESTIMONY
27.
At the public hearing on reparations, the Court also heard the expert opinion
of psychologist Ana C. Deutsch, summarized as follows:
Expert opinion of Ana C. Deutsch, a psychologist16
The expert witness interviewed Blanca Flor Rojas, Bladimir Cerón Rojas, María
Adelina López, Carmen Leonor Pantoja López, Jaime Pantoja López, Luis Edmundo
Pantoja Ordóñez, Carmen Cecilia Cuarán Muchavisoy, Doris Silvia Cuarán
Muchavisoy, and Umberto Enrique Cuarán Muchavisoy in Bogotá, Colombia; and
Jorge Franclin Cuarán Muchavisoy and María Córdula Mora Jacanamijoy in San José,
Costa Rica. In the cases she evaluated, the common pattern found is a feeling of
anguish and frustration due to powerlessness, associated with other symptoms such
as depression. In general, these individuals feel bad, which means that they do not
enjoy small things as they did before, they do not enjoy life, nor can they exercise
the right we all have to enjoy our milieu, our family.
D) ASSESSMENT OF THE EVIDENCE
28.
In the instant case, the Court accepts the probatory value of those
documents that were submitted in a timely manner by the parties and were neither
disputed nor objected, nor was their authenticity questioned.
29.
The Court deems it necessary to specify that upon examining the vouchers
submitted by the representatives of the next of kin of the victims regarding legal
costs and expenses, it has noted that some of them are tables, presumably prepared
as an auxiliary element to establish expenses incurred during the proceedings in this
case. With respect to such tables, the Court deems that they are not evidentiary in
nature, as they are auxiliary elements, and therefore they will not be included in the
body of evidence in the instant case. Furthermore, in said appendices there are
numerous vouchers that do not specify the expense they are supposed to back, or
which do not make it possible to determine that the alleged expense was incurred in
connection with the instant case. For this reason, the Court will assess said
vouchers as reference elements when it determines expenses and legal costs.
30.
With respect to the sworn written statements sent by Blanca Flor Rojas,
Bladimir Cerón Rojas, María Adelina López, Carmen Leonor Pantoja López, Jaime
Pantoja López, Luis Edmundo Pantoja Ordóñez, Carmen Cecilia Cuarán Muchavisoy,
Doris Silvia Cuarán Muchavisoy, and Umberto Enrique Cuarán Muchavisoy (supra
16
Ana C. Deutsch has a licentiate degree in transcultural psychology and is the Clinical Director of
the Torture Victims Attention Program in Los Angeles, California.
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