incurred expenses and the time to do so was precluded. Therefore, the State requested its
inadmissibility.
59.
This Court notes that annex 1, referring to an indictment dated February 26, 2019,
presented by the prosecutor CVN of the Special Prosecutor against impunity of the Public
Prosecution before the Judge of the First Court of First Instance for Criminal Justice, DrugTrafficking and Environmental Crime, related to the "Gavilán Plan", is linked to this case, and
admits it for this reason. As for annex 2, corresponding to the report "Illegal networks and
political crisis: reality of the Guatemalan Congress", it refers in general to the political situation
in Guatemala, which has no direct connection with this case, and therefore does not admit it.
Finally, annex 3, referring to the folder of incurred expenses, was not presented.
B. Admissibility of testimonial and expert evidence
60.
The Court deems it pertinent to admit a statement made before the twenty-eighth
notary public,28 insofar as it meets the purpose defined by the President in the order for its
receipt. Notwithstanding the foregoing, specific considerations will be made below, and the
disputes raised on the admissibility of other statements or opinions will be resolved.
61.
The State presented various observations regarding the probative value of the following
expert opinions rendered by a) Olga Patricia Roldán Monterroso, b) Leonel González Postigo,
and c) Dennis Martínez.
62.
This Court understands that the State does not challenge its admissibility, but rather
questions its probative value. Consequently, it admits the expert opinions of Olga Patricia
Roldán Monterroso and Leonel González Postigo, which will be considered as pertinent as long
as they meet to the ordered purpose and taking into account the observations of the State.
Regarding the expert opinion of Dennis Martínez, the State distorted the expert opinion
alleging that “the document is falsified” in accordance with Guatemalan legislation due to an
error in the form in which it was presented. In this regard, Mr. Martínez gave his expert opinion
before a public notary, which due to its characteristics is different from that of a testimonial
statement, and in this sense, the assessment of its content is not subject to the formalities
required for testimonial evidence. However, its probative value will depend on whether it
adheres to the ordered purpose and the body of evidence as a whole. Therefore, this Court
admits the expert opinion of Mr. Martínez.
63.
The State presented various observations regarding the statements of Florinda López
de López, Rosa María Mendoza López and Cristóbal Gerónimo Chales. This Court notes that
the State in its observations on the statements questions their content, so the Court
understands that it is not challenging their admissibility, but rather questions their evidential
value.29 Consequently, this Court admits the aforementioned statements, which will be
considered as relevant as long as they meet the ordered purpose and taking the observations
of the State into account.
VII
FACTS
64.
This chapter will establish the facts of the case and, where relevant, the facts in dispute,
based on the factual framework submitted to the Court by the Commission, taking into account
The Court received the statement by affidavit from Luis Fernando Valenzuela Ruiz.
Regarding the allusions made by the State related to their status as presumed victims, this Court refers to
what has already been decided (supra para. 52).
28
29
17