representatives did not re-submit the statements recorded in DVD format of Messrs. F.A.,
I.A., D.A. and “X.A.”, even though they were informed, in a note of the Secretariat dated
February 28, 2013, that was not possible to play the DVD. (supra para.61).
66.
Finally, with respect to the State’s objections to certain items of evidence that “are
not official”, are not signed, or were prepared by UDEFEGUA or by Mrs. Claudia Samayoa,
the representative of the presumed victims in this case, or that did not specify what they
were intended to prove, the Court considers that the State’s argument has a bearing on
their evidentiary weight and scope, but does not affect their admissibility as part of the
body of evidence. Therefore, the Court deems it appropriate to admit those documents
that are relevant to the examination of this case, and will assess these within the context
of the body of evidence, taking into account the State’s observations and the rules of
sound judgment.
B.2. Admission of testimonial and expert evidence
67.
The Court notes that, in its final written arguments, the State objected to the
admission of “the intervention” of H.I. as an expert witness or deponent for information
purposes, arguing that she “lack[ed] objectivity and impartiality because […] she forms
part of the Governing Board of the Protection Unit for Human Rights Defenders of
Guatemala [UDEFEGUA].” The State also objected to the expert opinion of Mr. Luis
Enrique Eguren, arguing that since the year 2000 “he has maintained a professional
relationship [with Claudia Samayoa] because of the issue that unites them, […] the
protection of human rights defenders” and this, according to the State, “proves that this
expert witness has maintained and still maintains a close friendship and affinity with the
claimants, for which reason the expert report […] lacks objectivity and validity.” In
addition, the State made several observations regarding the relevance, scope, veracity
and credibility of the statements and reports rendered by B.A., E.M., Hina Jilani, H.I. and
Luis Enrique Eguren Fernández at the public hearing in this case and via affidavits.
68.
In this regard, the Court confirms that, in its answer brief, the State had already
objected to Mrs. H.I. rendering an expert report for the reasons indicated (supra para. 6).
The Court ratifies the ruling issued in the Order of the President of the Court, on
December 20, 2013, stating that, “in light of the particularities of the evidence proposed,
[the President] deems it pertinent that [it] be offered to the proceeding, not as expert
evidence but rather for information purposes only.” 63 This evidence will be assessed taking
into account the observations of the State, the body of evidence and the rules of sound
judgment.
69.
With respect to the State’s arguments regarding the expert report of Luis Enrique
Eguren, as well as other observations regarding the statements and expert opinions
rendered at the public hearing and in affidavits, the Court considers that the State’s
position has a bearing on their evidentiary weight and scope, but does not affect their
admissibility. Consequently, these will be assessed within the context of the body of
evidence, taking into account said observations, as well as the rules of sound judgment.
70.
The Court deems it pertinent to admit the statements of the presumed victim, the
witnesses, the expert witnesses and the deponent for information purposes, rendered
during the public hearing and through affidavits, only insofar as these are consistent with
the object defined by the President of the Court in the Order requiring them (supra para.
8). Similarly, in accordance with the Court’s case law, the statements rendered by the
presumed victims cannot be assessed separately, but rather within the body of evidence in
this case, since are useful only to the extent that they can provide greater information on
the alleged violations and their consequences. 64
VII
FACTS
71.
This Chapter will establish the facts of this case, based on the factual framework
submitted to the consideration of the Court by the Commission, taking into consideration
63
Order of the President of the Court, December 20, 2013, Considering para. 15, supra para. 8.
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of Liakat Ali Alibux v. Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 30, 2014. Series C No. 276, para. 31.
64
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