23
requested. Since this documentation is useful for deciding the instant case, it is
admitted as helpful evidence in accordance with Article 45(1) of the Rules of
Procedure.
45.
The Court also incorporates into the body of evidence in this case, the Report
of the Historical Clarification Commission, “Guatemala, Memoria del Silencio”
(hereinafter “HCC Report”), considering it a document of acknowledged historical
value, useful for deciding this case; it is added to the body of evidence in accordance
with Article 45(1) of the Rules of Procedure.
Assessment of the Testimonial and Expert Evidence
46.
The Court admits the statements made at the public hearing by Juan Manuel
Jerónimo, Buenaventura Manuel Jerónimo and Narcisa Corazón Jerónimo (supra
paras. 14 and 38(a), 38(b) and 38(c)), insofar as they correspond to the purpose of
the assessment, and considers them together with the body of evidence. The Court
considers that, as they are victims and have a direct interest in the case, their
statements must be assessed together with all the evidence in the proceeding and
not in isolation. The statements of the victims are particularly useful insofar as they
can provide more information on the consequences of the violations that may have
been perpetrated against them.15
47.
With regard to the reports of the expert witnesses, Augusto Willemsen-Díaz
and Nieves Gómez Dupuis (supra paras. 14 and 38(d) and 38(e)), which were not
opposed or contested, the Court admits them and assesses them with the body of
evidence, applying the rules of sound criticism.
48.
In light of the above, the Court will assess the probative value of the
documents, statements and expert reports presented in writing or made before it.
The evidence presented during the proceeding has been incorporated into a single
body of evidence, which is considered as a whole.16
VII
PROVEN FACTS
49.
The facts established in the judgment on merits delivered by this Court on
April 29, 2004 (supra para. 18), are deemed incorporated into the instant judgment;
some of them have been reconsidered in this judgment. The Court considers that the
following facts have been proven.
Regarding the Plan de Sánchez village
15
Cf. Case of Tibi, supra note 3, para. 86; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 97, and Case of Ricardo Canese, supra note 3, para. 66.
16
Cf. Case of Tibi, supra note 3, para. 89; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 100, and Case of Ricardo Canese, supra note 3, para. 68.
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