11
by the Commission, the representatives, and the State on different procedural
opportunities or as the evidence to facilitate adjudication of the case requested by
the President, as well as the expert opinion offered in writing and the statements
offered at the public hearing, pursuant with the principles of competent analysis and
within the corresponding regulatory framework.17
A)
DOCUMENTARY, TESTIMONIAL, AND EXPERT EVIDENCE
31.
According to that ordered by the President18 the statement offered before a
notary public (affidavit) by Javier Gurriaran Prieto, social worker and expert
proposed jointly by the representatives and the Commission was received. In his
condition of expert he informed the Tribunal of the situation of the communities of
populations in resistance and of the organizations dedicated to the defense of the
same and of the rights of indigenous communities, all during the time of the internal
conflict in Guatemala.
32.
Additionally, the Court heard in public hearing the statement of Victoriana Tiu
Tojín, sister of Maria Tiu Tojín, who offered testimony regarding i) the relationship
and work of María Tiu Tojín with the Council of Ethnic Communities Runujel Junam
(CERJ) and her follow-up to the work of the National Committee of Widows of
Guatemala (CONAVIGUA); ii) the alleged facts recounted by María Tiu Tojín upon
escaping from her alleged first illegal detention and the alleged violations to her
rights suffered during said detention; iii) the circumstances under which the alleged
detention and disappearance of the victims occurred; iv) the relationship between
the alleged execution of her sister María Mejía Tojín19 with the alleged disappearance
of her sister María Tiu Tojín; v) the alleged obstacles and harassments faced by the
next of kin of the victims in the search for justice in this case, and vi) the
consequences for the next of kin derived from the alleged violations of human rights
in detriment of her sister and niece.
33.
On the other hand, the Court heard in the public hearing, the expert
statement of Helen Mack Chang, who informed the Tribunal of the access to justice
and impunity for human rights violations in Guatemala and how said phenomena
affects the Guatemalan indigenous people.
B)
ASSESSMENT OF THE EVIDENCE
17
Cfr. Case of the “White Van” v. Guatemala. Merits. Judgment of March 8, 1998. Series C No. 37,
para. 76; Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 12, 2008. Series C No. 186, para. 64; and Case of Bayarri v. Argentina. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of October 30, 2008. Series C No. 187, para. 31.
18
Cfr. Order issued of the President of the Inter-American Court on March 14, 2008 in this case.
19
In its final written arguments, the Commission informed the Tribunal that María Tiu Cojín was not
María Mejía’s sister, as had been initially established in the complaint presented before that body.