19
C.
Assessment of the evidence
59.
Based on its consistent case law regarding evidence and its assessment, the Court will
examine and assess the documentary evidence forwarded by the parties and the Commission that
have been incorporated by this Court, together with the statements and expert opinions, in order to
establish the facts of the case and rule on the merits. To this end, it will abide by the principles of
sound judicial criteria, within the corresponding legal framework, taking into account the whole body
of evidence and the arguments submitted during the proceedings.33
60.
Lastly, pursuant to its case law, the Court recalls that the statements made by presumed
victims cannot be assessed in isolation, but only within the whole body of evidence, insofar as they
may provide further information on the presumed violations and the consequences. 34
VII
FACTS
A.
Background information
61.
Before describing the proven facts that are the purpose of this case, the Court finds it pertinent
to refer to the presumed victim’s personal circumstances. I.V. was born in the Republic of Peru on
May 20, 1964.35 She advised that she had twice been detained in the Peruvian National CounterTerrorism Directorate (DINCOTE), where she had experienced physical, sexual and psychological
abuse.36 In 1982, she had her first daughter. In 1989, she went to live with J.E.37 In 1991, N.V.,
their first daughter together was born in Peru.38 In 1993, J.E. moved to La Paz, Bolivia, requesting
refugee status. In February 1994, I.V. and N.V. were reunited with him in La Paz. In April 1994, the
family obtained refugee status in Bolivia.39 In Bolivia, I.V. obtained a technical diploma in hotel
administration40 and, in 2014, she obtained a law degree.41
B.
The caesarean section and the tubal ligation surgical procedure
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998. Series C No.
37, paras. 69 to 76, and Case of Herrera Espinoza et al. v. Ecuador, supra, para. 47.
33
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and Case of
Tenorio Roca et al. v. Peru, supra, para. 46.
34
Cf. Foreigner’s identity card (evidence file, volume VIII, annex 5 to the brief with motions, pleadings and evidence,
folio 2314).
35
Cf. Psychological appraisal of the psycho-social effects suffered by I.V. owing to the non-consensual sterilization
performed by the ITEI on May 12, 2008 (evidence file, volume VIII, annex 20 to the brief with motions, pleadings and
evidence, folios 2354 and 2355).
36
Cf. Psychological appraisal of the psycho-social effects suffered by I.V. owing to the non-consensual sterilization
performed by the ITEI on May 12, 2008 (evidence file, volume VIII, annex 20 to the brief with motions, pleadings and
evidence, folios 2354 and 2355).
37
Cf. Birth certificate of N.V. issued by the Civil Registry of the Pueblo Libre District Municipality (evidence file, volume
VIII, annex 15 to the brief with motions, pleadings and evidence, folio 2338).
38
Cf. Psychological appraisal of the psycho-social effects suffered by I.V. owing to the non-consensual sterilization
performed by the ITEI on May 12, 2008 (evidence file, volume VIII, annex 20 to the brief with motions, pleadings and
evidence, folios 2354 to 2355).
39
Cf. Professional certification in the specialty of hotel administration issued by the First Hotel and Tourism School of
Bolivia on August 23, 1996 (evidence file, volume VIII, annex 7 to the brief with motions, pleadings and evidence, folio 2319).
40
Cf. Diploma granted by the Universidad Mayor de San Andrés on September 15, 2014 (evidence file, volume VIII,
annex 10 to the brief with motions, pleadings and evidence, folio 2326).
41