15
2)
María Sol Yáñez de la Cruz, professor and researcher, Department of
Psychology of the Universidad Centroamericana “José Simeón Cañas” (UCA), expert
witness proposed by the representatives, who gave an expert opinion on the
psychosocial effects that the alleged forced disappearance had on Gregoria Herminia
Contreras and the consequences that these facts would continue to have today; the
damage caused to the families of all the alleged victims in this case as a result of the
alleged forced disappearance of the children; the psychosocial effects that the alleged
impunity of these facts have had on their next of kin, as well as the measures that
the Salvadoran State could take to repair the damage caused to the alleged victims
and their next of kin.
3)
Ricardo Alberto Iglesias Herrera, lawyer and notary in private practice, former
deputy head of the Ombudsman’s Office of El Salvador, expert witness proposed by
the representatives, who gave his expert opinion on the alleged general impunity that
reigns in cases of grave human rights violations in El Salvador and the main causes;
the analysis of the different judicial proceedings conducted in El Salvador in relation
to the forced disappearance of children in order to identify the main obstacles to
obtaining justice in this type of case, as well as recommendations regarding the
measures that the State could take to overcome these obstacles.
2.
Admission of the documentary evidence
32.
In this case, as in others, the Court accepts the probative value of the documents
presented by the parties at the proper procedural opportunity that were not contested or
opposed, and whose authenticity was not questioned.23
33.
Regarding the newspaper articles forwarded by the Commission and the
representatives, this Court has found that they can be admitted when they contain wellknown public facts or declarations by State officials, or when they corroborate aspects
related to the case.24 The Court verified that, on some of those documents, the date of
publication is illegible. Nevertheless, neither of the parties objected to those documents
because of this, or questioned their authenticity. Consequently, the Court decides to admit
the documents that are complete or that, at least, allow their source and publication date to
be verified, and will assess them, taking into account all the body of evidence, the
observations of the parties, and the rules of sound judicial discretion.25
34.
Regarding the representatives’ request to incorporate six statements and an expert
opinion from the case of the Serrano Cruz Sisters v. El Salvador into the body of evidence,
the Court observes that neither the Commission nor the State opposed this. Nevertheless,
the Court finds it unnecessary to incorporate these elements, since they are not essential in
light of all the probative elements that already form part of the body of evidence in this
case, as well as the State’s acknowledgment of responsibility.
23
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
140; Case of Mejía Idrovo, supra note 19, para. 38, and Case of Chocrón Chocrón, supra note 19, para. 29.
24
Cf. Case of Velásquez Rodríguez, supra note 23, para. 146; Case of Chocrón Chocrón, supra note 19, para.
30, and Case of Abrill Alosilla et al., supra note 13, para. 40.
25
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 77; Case of Chocrón Chocrón, supra note 19, para. 30, and Case of
Abrill Alosilla et al., supra note 13, para. 40.