11
mood, disturbing recollections, and a sensation of something hitting his back,
which causes his shoulder to twitch involuntarily.
There is a discrepancy on the timing of the hemorrhoid operation in Mr.
Caesar's account (December 1997) and that of the medical records (January
1997). Moreover, Mr. Caesar was admitted to a hospital on December 27,
1997 for a day, and received a diagnosis of ureteric colic.
b) EXPERT EVIDENCE
45.
During the public hearing (supra para. 29), the Court heard oral expert
testimony from Dr. Ferris proposed by the Inter-American Commission.
His
testimony and affidavit are summarized in the previous section of this chapter (supra
para. 44 d).
*
c) ASSESSMENT OF THE EVIDENCE
46.
In this case, as in others,12 the Court admits the probative value of those
documents presented in timely fashion by the parties, the authenticity of which was
not challenged or questioned.
47.
With respect to the declaration rendered by the alleged victim (supra para.
44(a)), the Court admits it insofar as it is in accordance with the Order of October
20, 2004 (supra para. 27). In this regard, because Mr. Caesar has a direct interest
in the case, that declaration cannot be evaluated in isolation, but rather within the
context of the entire corpus of evidence submitted in the proceeding. Thus, as it has
held in similar cases, the Court considers that declaration to be of assistance
inasmuch as it can provide information of relevance both as to the merits and as to
reparations.13
48.
Regarding the expert testimony given during the public hearing by Robert
Ferris, as well as the affidavits and accompanying exhibits presented by experts
Desmond Allum, Andrew Coyle and Robert Ferris (supra para. 28), the Court rules
that they are admissible, insofar as they are in conformity with the Order of October
20, 2004.
VII
PROVEN FACTS
49.
The Court considers that the following facts have been proven:
Regarding Winston Caesar's criminal proceedings
12
Cf. Case of Lori Berenson-Mejía, supra note 10, para. 77; Case of Carpio-Nicolle et al., supra note
10, para. 70; and Case of Plan de Sánchez Massacre. Reparations, supra note 10, para. 39.
13
Cf. Case of Lori Berenson-Mejía, supra note 10, para. 78; Case of Carpio-Nicolle et al., supra note
10, para. 71; and Case of Plan de Sánchez Massacre. Reparations, supra note 10, para. 46.