86
for the next of kin of the victims:
Viviana Krsticevic;
Juan Carlos Gutiérrez; and
Sol Blanchard.
for the Inter-American Commission:
Claudio Grossman, delegate; and
Elizabeth Abi-Mershed, attorney.
for the State of Guatemala:
Cruz Munguía Sosa, advisor;
Carlos Roberto Sandoval Aldana, advisor; and
Olmedo España, advisor.
Witnesses proposed by the representatives of the victims and by the Commission:
Jennifer Harbury;
José León Bámaca Hernández (Interpreter: Carlos Juárez);
Juan José Monterroso;
Manuela Alvarado;
Emily Jones; and
Patricia Davis4.
Expert witness proposed by the representatives of the victims and by the
Commission:
Ana Deutsch.
10.
On December 4, 2001, following instructions by the Court and pursuant to
Article 44 of its Rules of Procedure, the Secretariat requested that the State file
certain documents as evidence to facilitate adjudication of the case. On January 10
and 18, 2002, the State forwarded the documentation requested (infra 19). On
January 21, 2002, the Secretariat forwarded the documentation gathered as
evidence to facilitate adjudication of the case.
IV
EVIDENCE PERTAINING TO REPARATIONS
11.
Before analyzing the evidence received, in this chapter the Court will specify
the general criteria for evidence assessment, it will examine them, carry out an
evaluation and consider certain aspects pertaining to the specific case, most of which
have previously been developed in case law by this Court.
12.
Article 43 of the Rules of Procedure of the Court states that
[i]tems of evidence tendered by the parties shall be admissible only if previous
notification thereof is contained in the application and in the reply thereto [...]. Should
4
Although the Court summoned Patricia Davis, she did not appear to render testimony.