22
of a national compensation plan and a program of psychological care. In some cases,
medical and pharmacological care is also needed. The women who were raped must
be consulted to see how this can be repaired. The expert witness recommended
implementing special programs of psychological and medical care.
C) ASSESSMENT OF THE EVIDENCE
Assessment of the Documentary Evidence
39.
In this case, as in others,13 the Court accepts the probative value of the
documents presented by the parties at the proper procedural opportunity or as
helpful evidence, that were not contested or opposed, and whose authenticity was
not questioned.
40.
The Court admits the statements made before notary public by Benjamín
Manuel Jerónimo and Eulalio Grave Ramírez (supra para. 32(a) and 32(b)), as
required by the President in the order of February 19, 2004, (supra para. 11), and
assesses them with the body of evidence. The Court considers that, as they are
victims who have a direct interest in the case, their statements must be assessed
together with all the evidence in the proceeding and not in isolation. The statements
of the victims are particularly useful insofar as they can provide more information on
the consequences of the violations that may have been perpetrated against them.14
41.
The Court admits the statements made before notary public by Luis Rodolfo
Ramírez García and José Fernando Moscoso Möller (supra para. 32(c) and 32(d)), as
required by the President in the order of February 19, 2004, (supra para. 11), and
grants them probative value.
42.
Regarding the attachments submitted by the victims’ representatives together
with the final written arguments (supra para. 34), the Court considers them useful
and observes that they were not contested or opposed, and their authenticity was
not questioned. Consequently, it adds them to the body of evidence, in accordance
with the provisions of Article 45(1) of the Rules of Procedure.
43.
The Court considers that the written report presented by the expert witness,
Nieves Gómez Dupuis, during the public hearing held on April 24, 2004 (supra paras.
17 and 33), is useful for deciding this case and observes that this document was not
contested or opposed, and its authenticity was not questioned, consequently, it
decides to add it to the body of evidence, in accordance with the provisions of Article
45(1) of the Rules of Procedure.
44.
The Court incorporates the documentation remitted by the Commission, the
representatives and the State as helpful evidence into the body of evidence, in
accordance with the provisions of Article 45(2) of the Rules of Procedure. The Court
notes that, with the helpful evidence, the representatives forwarded the birth
certificate of Héctor Manuel García Mejicanos issued on November 4, 2004, by the
Registry Office of the municipality of Rabinal, Department of Baja Verapaz,
Guatemala, C.A. (supra para. 36), which they had not offered and the Court had not
13
Cf. Case of Tibi, supra note 3, para. 77; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 80, and Case of Ricardo Canese, supra note 3, para. 61.
14
Cf. Case of Tibi, supra note 3, para. 86; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 97, and Case of Ricardo Canese, supra note 3, para. 66.
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