other elements of the body of evidence, and taking into account the observations made by
the parties.20
24.
With regard to the testimony of the alleged victims, the State submitted
observations on specific responses of Eloísa Barrios during her appearance before the
Court. In addition, it commented on “the lack of interest in the petition lodged by the
Barrios family,” because only nine of the 17 alleged victims initially proposed by the
representatives had testified.
25.
Pursuant to this Court’s case law, the statements given by the alleged victims
cannot be assessed in isolation, but rather must be examined together with all the
evidence in the proceedings, since they are useful insofar as they can provide further
information on the alleged violations and their consequences.21 The Court notes that the
State’s observations refer to certain aspects of the testimony of Eloísa Barrios and to a
supposed lack of interest of some members of the Barrios family, but do not contest the
admissibility of the statements received. Based on the foregoing, the Court admits the said
statements, although their probative value will be assessed taking into account the said
observations and the rules of sound judicial discretion.22
26.
Lastly, the State commented on certain expert opinions. Regarding the expert
opinion of Mrs. Vázquez González, Venezuela disagreed with some of the statements made
by the expert witness; asserted that, since she was unaware of “the entire case under
investigation, […] the legal analysis contained in [her] opinion is biased and partial,” and
indicated that she had reached “contradictory conclusions.” With regard to expert witness
Valdez Labadi, the State questioned the content of her opinion and argued that “it does not
correspond to the purpose established for [her] expertise.” Regarding expert witness
Baraybar, Venezuela contested his opinion, because “it d[id] not analyze the pertinent
domestic law or the applicable action protocols established by the national coordination
body for Venezuelan forensic science,” and indicated that “without having the
documentation that he questioned [in his opinion], he proceeded to make assumptions,”
incurring in contradictions. Lastly, the State contested some of the conclusions reached by
expert witness Briceño León in his opinion.
27.
The Inter-American Court notes that, in general, the observations of the State are
based on: (a) its disagreement with the content of the opinions, contradicting them or
providing its opinion on them; (b) the scope of the opinions of the expert witnesses in
relation to the purpose of the opinion or the elements used to prepare it, and (c) the
methodology used to prepare one of the opinions.
28.
The Court finds it pertinent to indicate that, in contrast to the witnesses, who must
avoid giving personal opinions, the expert witnesses provide technical or personal opinions
related to their special expertise or experience. In addition, the expert witnesses can refer
both to specific points of the litis, and also to any other relevant point of the litigation,
provided they respect the purpose for which they were convened and their conclusions are
20
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of Barbani Duarte et al., supra note 12, para. 27.
21
Cf. Case of Loayza Tamayo, supra note 20, para. 43 and Case of López Mendoza, supra note 16, para. 24.
22
Regarding the supposed lack of interest of the Barrios family, the Court recalls that the representatives
indicated that, “owing to the suffering and harassment the family has undergone, as well as the lack of protection
[…] that has been evident in recent months, several next of kin proposed in [their] brief are unable to testify or
have decided to desist from participating in this case.” Cf. Case of the Barrios Family v. Venezuela. Order of the
Inter-American Court of Human Rights of June 27, 2011, considering paragraph 33.
14