28
opinion of the expert. The State held that the expert exceeded the purpose of
the expert report, and thus, requested that said statements not be considered.
In regard to the expert report of Mr. Endo, Brazil recalled the purpose and noted
that the expert should stay within the scope of it as well as avoid personal
comments on historic facts when they are not related to the perceptions of the
next of kin. Moreover, it stated that in some sections of the expert opinion it was
not clear if the expert reflected the perceptions of the next of kin or his own
personal opinion on the facts and historic events, highlighting the importance of
said distinction. In addition, the State mentioned that it also was not clear if the
expert carried out personal interviews with all the next of kin of the disappeared
of the Guerrilha do Araguaia, a measure considered necessary to establish the
nature of the non-pecuniary damages, or if it was done with only some of the
people affected. In addition, Brazil presented observations on specific measures
recommended by the expert. Lastly, in regard to the expert statement of Mr.
Uprimny, in its final arguments, the State questioned the content and
methodology used as a basis for the expert report, providing the opinion of a
person regarding the expert statement and a press release that disputed the
affirmations of said expert (supra para. 63).
73.
On its behalf, the representatives presented observations on the expert
reports of the experts Martins and Chaves de Rezende Martins. Regarding the
first, they stated that the expert went outside of the scope established from the
purpose set by the President given that it refers expressly to other initiatives of
the State such as the Amnesty Commission and the Special Commission on
Political Deaths and Disappearances of Persons. Moreover, the expert made a
substantive consideration of the work of the State, which was unnecessary for
the purpose of the expert statement. Finally, the representatives made
observations on the content of the expert report related to the Amnesty Law. In
its final arguments, Brazil responded to said observations and, among other
considerations, noted that the analysis of the Amnesty Law cannot be viewed
distinctly now from the time when it was created, nor from the foundations in
which it was based. On the other hand, regarding the expert opinion of expert
Chaves de Rezende Martins, aside from making some general observations, the
representatives noted that the report did not provide an analysis of the historic
Brazilian experience, diverging it from the objective defined by the President
(supra para. 52, numeral 34).
74.
The Inter-American Court notes that the observations of the State and
the representatives are based, in general terms, on: a) their disagreement with
the content of the expert reports, contradicting or offering their opinion on
them; b) the reach of that stated by the experts, indicating that some of these
manifestations are not within the scope of the purpose of the expert statement;
c) the expert presented personal opinions, and d) the methodology used to carry
out the report.
75.
This Court considers it appropriate to note that, unlike the witnesses who
must avoid giving personal opinions, the expert witnesses offer technical or
personal opinions, in as much as they relate to their special knowledge or
experience. Moreover, the experts can refer both to specific points of the litis as
well as to any relevant point of the litigation, when and if they limit the opinion
to the purpose for which they were summoned and their conclusions are
sufficiently well-founded.58 In addition, regarding the observations on the
content of the expert opinions, the Court understands that the admissibility is
58
Cf. Case of Reverón Trujillo, supra note 39, para. 42; Case of Fernández Ortega et al., supra
note 53, para. 61, and Case of Rosendo Cantú et al. supra note 45, para. 68.
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