9
37. The Court values the State's partial acknowledgment and acceptance of the facts, as
well as its partial acquiescence to some of the claims, and considers that this attitude is a
positive contribution to the development of this proceeding, to the proper functioning of
the Inter-American jurisdiction on human rights, to the validity of the principles that
inspire the American Convention, and the conduct to which States are bound in this
matter, by virtue of the commitments undertaken as parties to international instruments
on human rights.9 The Tribunal notes that the State has demonstrated this same
willingness in similar cases before this Court.10
38. However, having examined the acknowledgment of responsibility of the State and
taking into account the arguments of the Commission and the representatives, as well as
the nature and gravity of the facts alleged and the violations incurred, the Tribunal finds it
necessary to deliver a Judgment establishing the facts and determining the merits of the
case, as well as the corresponding consequences regarding reparations.11
V
EVIDENCE
39. Based on Articles 46 and 47 of the Rules of Procedure and on the Court's
jurisprudence regarding evidence and its assessment,12 the Court shall examine and
assess the documentary evidence submitted by the parties at different procedural stages,
the affidavits rendered by alleged victims, witnesses, and expert witnesses, the
declarations received at the public hearing (supra para. 6), and the evidence to facilitate
adjudication of the case requested by the President (supra paras. 10, 11, 13, 16, and 17).
In doing so, the Tribunal shall adhere to the principles of sound judgment within the
applicable legal framework.13
A.
Documentary, testimonial, and expert evidence
40. The Court admitted affidavits rendered by the following alleged victims, witnesses,
and expert witnesses:
a)
Raquel Ibsen Castro and Martha Castro Mendoza. Alleged victims.
Declarations proposed by the Inter-American Commission and the representatives.
Rendered statements regarding the alleged forced disappearance of Messrs. Rainer
9
Cf. Case of Carpio Nicolle et al. v. Guatemala. Merits, Reparations, and Costs. Judgment of November
22, 2004. Series C No. 117, para. 84; Case of the “Las Dos Erres” Massacre v. Guatemala, supra note 7, para.
38; and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 18.
10
This has occurred, for example, in the cases of Trujillo Oroza and Ticona Estrada et al., both against
Bolivia.
11
Cf. Case of Vargas Areco v. Paraguay. Merits, Reparations, and Costs. Judgment of September 26,
2006. Series C No. 155, para. 66; Case of Kawas Fernández v. Honduras. Merits, Reparations, and Costs.
Judgment of April 3, 2009. Series C No. 196, para. 35; and Case of Radilla Pacheco v. Mexico, supra note 8,
para. 66.
12
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 25, 2001. Series C No. 76, para. 50; Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 47;
and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 53.
13
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Sereies C No. 37, para. 76; Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 47, and Case of Manuel
Cepeda Vargas v. Colombia, supra note 6, para. 53.