16
55.
The Court admits the testimony given by Ana María Contreras, Margarita
Urbina, Reyna Dalila Villagrán Morales and Marta Isabel Túnchez Palencia, in the
public hearing on reparations held in the instant case, only insofar as it adheres to
the purpose of the questionnaire proposed by the Commission. In this respect, this
Court considers that as they are close relatives and have a direct interest in the
case, the evaluation of their statements must be rigorously subjected to the criterion
that consists in evaluating each piece of evidence in relation to the whole body of
evidence. In these circumstances, the statements of Mrs. Contreras, Mrs. Urbina,
Mrs. Villagrán Morales and Mrs. Túnchez Palencia have a particular value, insofar as
they can provide important information on the consequences of the violations that
were perpetrated14. The statements referred to are incorporated into the body of
evidence, in accordance with the said considerations.
C) EXPERT EVIDENCE
56.
At the public hearing held on March 12, 2001, the Court received the reports
of the experts proposed by the representatives of the victims’ next of kin and the
Inter-American Commission. The statements of these experts are summarized
below:
a)
Expert report of Ana Deutsch, clinical psychologist in transcultural
psychotherapy, and the evaluation and treatment of the psychological
consequences of trauma
She met with Ana María Contreras, Margarita Urbina, Reyna Dalila Villagrán Morales
and Marta Isabel Túnchez Palencia in order to conduct three group interviews of
approximately one hour and a half each, and then met individually with each of them
on two occasions, for approximately one hour each time. All the meetings were held
over two days.
If a person who has been abducted, secretly and unlawfully detained and tortured
survives such a situation, he experiences a devastating impact, which to a great
extent destroys his mental defenses and his personality, and causes him
considerable mental and emotional pain. In psychiatric terms, the situation that
results from this type of experience is classified or diagnosed as post-traumatic
stress syndrome.
In this case, the impact is distinct, because children or adolescents have less mental
strength to tolerate abduction and torture. The impact is also devastating for their
next of kin; even though the latter have not been subject to physical ill treatment.
The pain could be mitigated slightly if justice is done and those responsible are
punished, and this could assist in the process of overcoming the symptoms that such
an experience may cause. In this case, where those responsible were police agents,
there is more emotional pain and it is more difficult to realize what has happened,
because Government agents should protect the population.
14
cf. Ivcher Bronstein case, supra note 2, para. 75; Cantoral Benavides case. Judgment of August
18, 2000. Series C No. 69, para. 59; and Durand and Ugarte case. Judgment of August 16, 2000. Series C
No. 68, para. 53.