20
In addition, the expert witness deemed that “repealing or declaring the amnesty law
null through an act of the legislature may pose bigger legal obstacles than relying on
the courts’ interpretation that international rules should take precedence over
domestic ones and should thus prevail in their application [...].” “In fact, even if the
amnesty law were repealed or declared null, that would still not settle, at least on
the domestic level, the conflict with the constitutional status rule that the most
favorable law should be applied to the accused and that no accusation may be made
or punishment meted out for acts committed before the criminal law became
effective.”
B)
Testimony of Witnesses and Experts
72.
On March 29 2006, the Court held a public hearing to receive the statements
of the witnesses and expert witnesses proposed by the parties (supra para. 28). The
Court shall now summarize such witness statements and expert opinions.
a) Statement of Elvira Gómez-Olivares, Luis Alfredo AlmonacidArellano’s wife, witness proposed by the representative
According to the witness, “on September 14, [1973] a patrol came to [her] home
looking for [her] husband, who was not at home at that moment. They searched
[the] house […] and pointed a gun [at her]. [She] was eight months and a half
pregnant. They searched all over the place and left.”
“On [September] 16, [1973] at eleven in the morning, [her husband] went home to
see [her], as he was not living [there] for safety reasons. [At about] half past eleven
in the morning a patrol came for him[.] The police pushed him out of the house,
without even letting him put his coat on, and took him away […]. He went nervously
with his hands held up as the police pushed him. [Her] husband wore eyeglasses.
[Upon reaching] the corner of the street […], [she] saw in the tumult that [her]
husband stumbled and tried to catch his glasses, which were about to drop, and
[she] felt the hail of machine gun fire […]. It was two police officers who were with
him at that time. He fell, severely wounded, but he was alive; [the witness] went to
his aid, [she] hesitated; [her] two-year-old son was coming behind [her], and [she]
reached him to [her] nine-year-old son, who was coming behind him, so that he
would take him inside.” The witness tried to get near Mr. Almonacid, “but [she] was
discouraged by the expression in the face of the lieutenant who was with him holding
a machine gun, so [she] stood two meters away from him against a wall, to see what
they did to [Mr. Almonacid]. The sergeant went for a truck. They brought it. [...]
They took [Mr. Almonacid] like a bag of potatoes and threw him onto it. They got on
the truck. Afterwards, several other police officers arrived [...] and took him to
hospital[.] He was operated [...], but died the next day.”
“At the very moment [her] husband was shot, [she] suffered a placental abruption,
and [her] child also died.” Following the death of Mr. Almonacid-Arellano, her “whole
family was destroyed, because [her] brothers lost their jobs; [her] eldest brother,
who was the family’s breadwinner, was exiled; and […] [she] was being watched all
day, every day.”
She was summoned once by the Criminal Court, but she has never been summoned
by the Military Prosecutor’s Office; nor has the Defense Council of the State offered