14
e)
Sara Mendez, a witness who testified about: i) the efforts carried out by Juan Gelman and
Macarena Gelman in their search for truth and justice regarding the facts in the complaint; ii) the
impact of this search in the lives of both individuals; and, iii) the consequences that the alleged
impunity in this case generally caused.
B.
Assessment of the documentary evidence.
36.
In this case, as in others,20 the Tribunal admits the evidentiary value of those
documents presented in a timely manner by the parties, particularly because they
were not contested or objected, nor their authenticity questioned. Almost all of the
documentary evidence offered is found under this.
37. On the other hand, the Court admits, exceptionally, documents sent by the
parties in different procedural opportunities, finding them relevant and useful for the
determination of the facts and their possible judicial consequences, without prejudice
of the considerations to be realized hereinafter.
38. The representatives enclosed with their final arguments proof of expenses
related to the present case. The Tribunal will only consider those documents
enclosed with the closing argument that refer to the costs and expenses that had
incurred in relation with the proceedings before this Court, subsequent to the brief of
pleadings and motions.
C. Assessment of the testimonies by the alleged victims and the
expert opinions
39.
With respect to the testimonies and expert opinions rendered in the public
hearing and by sworn statements, the Court considers that they are relevant
inasmuch as they adhere to the purpose defined by the President in the Order
requesting them (supra para. 7). These shall be assessed in the corresponding
chapter together with the body of evidence.21
40.
According to the jurisprudence of this Tribunal, statements rendered by the
alleged victims cannot be assessed separately, but rather, must be evaluated along
with the rest of the body of evidence, as they are useful and may provide further
information on the alleged violations and the consequences thereof.22 Based on the
foregoing, the Court admits the declarations, which will be assessed using the
mentioned standards.
VI
20
Cf. Case of Velásquez Rodríguez V. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 140; Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 54, and Case of
Cabrera García and Montiel Flores, supra note 16, para. 27.
21
Cf. Case of Loayza Tamayo V. Perú. Merits. Judgment of September 17, 1997. Series C No. 33,
para. 43; Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 67, and Case of
Cabrera García and Montiel Flores, supra note 16, para. 37.
22
Cf. Case of Loayza Tamayo. Merits, supra note 21, para. 43; Case of Gomes Lund et al.
(Guerrilha do Araguaia), supra note 16, para. 69, and Case of Cabrera García and Montiel Flores, supra
note 16, para. 39.