16
rights;
c)
Marco Antonio Garavito Fernández. Director of the “Liga Guatemalteca de
Higiene Mental” (Guatemalan League for Mental Hygiene). Expert witness
proposed by the representatives. Testified on the effects the separation from
their families and altering of their identities had on “disappeared” children,
and the measures which the State should adopt to address this phenomenon,
and
d) Nieves Gómez Dupuis. Coordinator of a psychosocial intervention
program for victims of torture in the Community Studies and Psychosocial
Action Team. Expert witness proposed by the representatives. Testified on the
effects that the lack of justice and truth over the years had on the alleged
surviving victims of the “Las Dos Erres” Massacre and on the next of kin of
those killed in the massacre, and the characteristics of an adequate program
for psychological attention.
57.
With regard to the evidence presented in the public hearing, the Court heard
statements from the following individuals:
a)
Ramiro Antonio Osorio Cristales. Alleged victim. Proposed by the
representatives. Testified on the conditions he lived as a consequence of his
alleged abduction by the kaibil Santos Lopez; the circumstances under which
he reunited with this biological family; the investigations on the facts of the
massacre and the response of the authorities; the consequence of the alleged
lack of justice, and the measures which the State should adopt to redress the
alleged violations of his rights;
b)
Felicita Herenia Romero Ramírez. Alleged victim. Proposed by the
representatives. Testified on the investigation of the facts of the massacre and
the response of the authorities, the consequences of the alleged lack of justice
for herself and other relatives of victims of the massacre, and the measures
which the State should adopt to redress the alleged violations of her rights;
c)
Edgar Fernando Pérez Archila. Attorney of the representatives since the
year 2000. Witness proposed by the representatives. Testified on the alleged
obstacles encountered in obtaining justice in the case of the Las Dos Erres
Massacre and its causes, and the alleged obstacles found in similar cases in
which he acted as attorney;
d)
Carlos Manuel Garrido. Full Professor of Criminal Law at the
Universidad Nacional de la Plata, Prosecutor of Administrative Investigations
and Expert of the United Nations Mission in Guatemala. Expert witness
proposed by the Commission. Testified on the impunity of the human rights
violations perpetrated during the internal armed conflict in Guatemala from
1962 to 1996; the structural deficiencies of the Guatemalan justice
administration, and the use of the appeal for legal protection as a strategy to
delay judicial processes, and
e) Claudia Paz y Paz Bailey. Attorney and Notary, Former Director of the
Guatemalan Institute for Comparative Studies in Criminal Science. Expert
witness proposed by the representatives. Testified on the context of impunity
of the grave human rights violations committed during the armed conflict in
Guatemala, its causes, and the measures which the State of Guatemala
should adopt to address this situation.
2.
58.
30
Evidence assessment
In this case, as in others,30 the Court admits and recognizes the evidentiary
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1998. Series C No. 4,
para. 140; Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the