9
disappearance and the alleged lack of justice have had in her personal and
family life, and
C)
José Pablo Baraybar do Carmo, expert witness proposed by the
representatives and member of the Peruvian Team of Forensic Anthropology
[EPAF]. He gave an expert opinion about, inter alia, the assessment
that such organization made in relation to the report prepared by the
forensic police about the incinerator located in the basements of the
Army Intelligence Service, as well as other forensic aspects related to
the investigation of the case and the necessary measures to repair the
damage from the field of his specialization.
B)
Evidence Assessment
24.
In the case at hand, as in many other cases,11 the Court admits the
evidentiary value of such documents timely forwarded by the parties that have not
been disputed nor challenged, or its authenticity questioned.
25.
Regarding the press clippings submitted by the parties, at the appropriate
procedural opportunity, this Tribunal considers that they may have evidentiary value
insofar as they refer to public and notorious facts or statements made by state
officials or when they corroborate aspects related to the case12 and evidenced by
other means.13
26.
With respect to the testimonies and expert’s opinions, the Court consider they
are relevant inasmuch as they adjust to the purpose defined by the President in the
Order requesting them (supra para. 7), which shall be assessed in the corresponding
chapter. As to the statements rendered by the alleged victims, such statements shall
not be assessed separately for they have a direct interest in the outcome of the case
and therefore, they must be assessed as a whole with the rest of the body of
evidence of the proceeding.14
27.
The State requested not to consider the expert opinion rendered by José
Pablo Baraybar Do Carmo to be valid given the fact that it deems that the expert
witness made a mere appraisal, without scientific rigor, and that he did not base his
statements on a direct or truth fact.15
11
Cf. Case of Velásquez Rodríguez V. Honduras. Merits. Judgment of July 29, 1998. Series C No. 4,
para. 140; case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller��) V.
Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198,
para. 26; Case of Reverón Trujillo V. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 30, 2009. Series C No. 197, para. 29.
12
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 146; Case of “White
Van" (Paniagua Morales et al.) v. Guatemala, Merits. Judgment of March 8, 1998. Series C, Nº 37, para.
75; Case of Escher et al. V. Brazil, supra note 6, para. 76; case of Acevedo Buendía et al. (“Discharged
and Retired Employees of the Comptroller”) V. Peru. Supra note 11, para. 39.
13
Cf. Case of the Rochela Massacre V. Colombia. Merits, Reparations and Costs. Judgment of May
11, 2007. Series C No. 163, para. 59; Case of Escher et al. V. Brazil, supra note 6, para. 76; case of
Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”) V. Peru. Supra note 11,
para. 39
14
Cf. Case of Loayza Tamayo V. Perú. Merits. Judgment of September 17, 1997. Series C. Nº 33,
para. 43; case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”) V.
Peru. Supra note 11, para. 27; Case of Kawas Fernández V. Honduras. Merits, Reparations and Costs.
Judgment of April 3, 2009. Series C No. 196, para. 40.
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