29
not contested, but rather that they question the probative value of the expert
reports, which are to be considered in the applicable corresponding chapters of
the present Judgment. On the other hand, in regard to the statements made
that were outside of the scope of their expert opinion, the Court will consider the
observations made by the parties and reiterates that it will only admit the
statements that are within the established limits (supra paras. 52 and 53).
76.
In particular, regarding the observations on the methodology of Mr.
Endo’s expert report, without failing to consider that expressed by the State, the
Court notes that said expert report provides an explanation on the procedure
used. The expert noted that the structure of the expert opinion consists of three
distinct parts, while the first two refer to the analysis of the harm on specific
family members, whom are identified in the report, the third part emphasized
the psychological harm of a repetitive nature affecting more than one family
member, seeking to identify the repetitive nature of the harm. In order to
elaborate a part of the expert report, he in-person interviewed specific family
members, and in other circumstances there were no encounters between the
expert and the next of kin, but rather, all of the analysis was carried out via
their affidavits. The Court does not consider that the objections to the method
used by the expert, which is sufficiently explained in the report, affect its
admissibility. In effect, the fact that the expert combined the in-person
interviews of four family members with the analysis of the declarations rendered
before a public notary of twenty family members, does not discredit the validity
of his report, given that the purpose of the expert opinion defined in the Order of
the President (supra para. 52, numeral 32) did not establish a specific method or
the obligation to individualize the analysis. Lastly, the Court takes into account
the considerations raised by the State regarding the methodology used by the
expert Uprimny in some of the statements of his report. Notwithstanding the
aforementioned, the Court does not admit the documents that the State
incorporated in its final written arguments (supra para. 64). Based on the
foregoing, the Court admits the indicated expert opinions, in as much as they
are within the scope of that which was ordered and will assess them together
with the rest of the body of evidence, taking into account the observations of the
parties, in conformity with the rules of sound judgment.
VI
PRELIMINARY CONSIDERATIONS ON THE NEXT OF KIN INDICATED AS
ALLEGED VICTIMS
77.
The Commission and the representatives indicated as alleged victims, the
specific next of kin of those allegedly disappeared persons and of Mrs. Maria Lúcia
Petit da Silva. Nevertheless, there are differing situations related to the
identification of the next of kin as alleged victims in the present case, namely: a)
133 (one hundred and thirty three) persons were indicated as alleged victims in
the report on the merits and in the application of the Commission; b) 107 (one
hundred and seven) persons were included as alleged victims for the first time in
the application, and c) 40 (forty) persons were mentioned for the first time in
such condition in a list attached to the brief of pleadings and motions.
78.
Brazil affirmed to be in agreement with the Court’s criteria regarding the
determination of the alleged victims in a case before the Court. It recalled that
the alleged victims should be noted in the application and in the report of the
Commission, pursuant to Article 50 of the Convention. It affirmed that it
corresponds to the Commission and not the Court, to identify the alleged victims
in a case before the Court in the opportune procedural moment.
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