Argentina, in accordance with Article 58(b) of the Rules of Procedure, which will be assessed with the body of evidence. B.2) Admission of the statement of the alleged victim and expert evidence 36. As to the statement of the alleged victim and the expert reports rendered at the public hearing and by way of affidavits, the Court considers these pertinent only insofar as they are consistent with the purpose defined by the President of the Court in the Order requiring them (supra para. 12). 37. Pursuant to the case law of this Court, the statement of the alleged victim cannot be assessed on its own, but must be evaluated together with all the other evidence in the proceedings, since it is useful only insofar as it can provide more information on the alleged violations and their consequences.20 Based on the foregoing, the Court admits the statement rendered by Mr. Mohamed (supra para. 12), and will assess it in accordance with the aforementioned criteria. 38. Accordingly, the Court admits the expert opinions indicated insofar as these are in line with the defined purpose, and they will be assessed together with the rest of the body of evidence, taking into account the observations of the State and in accordance with the rules of sound judgment.21 VI PROVEN FACTS 39. In 1992, Mr. Oscar Alberto Mohamed worked in the city of Buenos Aires as a bus driver of Line No. 2 for the company “Transporte 22 de setiembre.”22 On March 16 of that year Mr. Mohamed was driving a bus and at approximately 10:10 am he was involved in a traffic accident at the intersection of Belgrano Avenue and Piedras Street. Mr. Mohamed was driving along Belgrano Avenue, which has six lanes running from west to east, and at the intersection with Piedras Street there was a pedestrian path or crossing and a traffic light. Mr. Mohamed ran over a woman who was walking on the pedestrian pathway or crossing half way across the avenue. The woman suffered severe injuries and died at around 10:45 am at the hospital to which she was taken.23 40. Mr. Mohamed was married to Mrs. Julia Potenza, with whom he has four children: Javier Oscar, Ariel Alberto, Damián Darío and Daniel Alexis, who at the time of the event were 14, 12, 10, and 6 years old, respectively.24 20 Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and Case of Vélez Restrepo and family v. Colombia. Preliminary Objection, Merits, Reparations and Costs, para. 72. 21 Cf. Case of Loayza Tamayo v. Peru. Merits., para. 43, and Case of Colombia. Preliminary Objection, Merits, Reparations and Costs, para. 71. Vélez Restrepo and Family v. 22 Cf. Telegram of June 17, 1995, notification of dismissal addressed to Oscar Alberto Mohamed by “Transporte 22 de setiembre” (case file, attachments to the Merits Report 173/10, Annex 12, page 53), and statement rendered by Oscar Alberto Mohamed before a notary public (affidavit) on June 15, 2012 (Merits file, Volume II, page 758). 23 Cf. Judgment issued on August 30, 1994 by the Correctional Court No. 3 Secretariat No. 60, Federal Capital (evidence file to facilitate adjudication presented by the State on July 23 and 30 an August 10, 2012, pages 255 to 264); judgment issued on February 22, 1995 by the First Chamber of the National Chamber of Appeals for Criminal and Correctional Matters (evidence file to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012, pages 308 to 323), and declaration rendered by Oscar Alberto Mohamed by affidavit on June 15, 2012 (Merits file, volume II, page 758). 24 Cf. Marriage certificate of Oscar Alberto Mohamed and Julia Potenza, and birth certificates of children Javier Oscar, Ariel Alberto, Damián Darío, and Daniel Alexis Mohamed Potenza (file of attachments to the Merits Report 173/10, Annexes 3 and 4, pages 9 and 11 to 14). 12

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