41
other next of kin-, but rather will assess their content within the context of the body
of evidence and following the rules of competent analysis.26
61.
The documents submitted by the parties, whether with the brief on
reparations (in the case of the representatives of the victims and of the next of kin),
or with the brief with observations on reparations (in the case of the State), as they
are subject matter of this stage of the proceedings and were supplied at the
appropriate procedural time, will be assessed as evidence by the Court, under the
appropriate terms. As regards the documents contributed as evidence to facilitate
adjudication by the representatives of the victims and of the next of kin (supra para.
47) and by the State (supra para. 49), the Court deems them useful within the
context of the body of evidence and will assess them under the appropriate terms.
62.
It should be recalled that the body of evidence in a case is unique and
indivisible and is formed by the evidence submitted during all stages of the
proceedings,27 so the evidence supplied by the parties during the merits stage is also
part of the probatory material that will be considered during the instant stage.
63.
More precisely, the Court will apply the aforementioned criteria and elements
of the body of evidence to establish as proven facts those relevant to the instant
reparations stage, as follows:
a)
it will consider that the homicides, disappearances, violations of the
right to humane treatment and violations of the right to fair trial, to due
process and to effective remedy, against the 44 victims in this case and their
next of kin, as well as the responsibility of the State in this regard, have been
duly proven as a result of the merits stage, as was established in the
November 11, 1999 judgment; the general circumstances in Venezuela at the
time these human rights violations occurred were also proven in the same
way, including public order disturbance and the acts of violence that occurred
in late February and early March, 1989, and other concomitant or subsequent
facts, such as the use of common graves by the authorities and
ineffectiveness of domestic judicial investigations regarding the violent
events;
b)
with respect to the dates of birth and death of the victims, as well as
the circumstances of those deaths, and regarding the existence of persons
who constituted the families of the victims, as well as the concrete kinship
relations linking the latter to the former, the Court will base its decision on
the information contained in the birth or death certificates issued by
Venezuelan authorities. When such certificates are lacking, it will base its
decision for the respective purposes on the reparations briefs filed by the
representatives of the victims and their next of kin, or of the Commission,
and on the content of other documents included in the body of evidence in
accordance with what was stated above, such as the autopsy reports, baptism
certificates, statements made before a notary public by the surviving victims
and the next of kin of other victims, and the aforementioned reports of the
26
Cf. Hilaire, Constantine, Benjamin et al. Case, supra note 2, para. 69; Trujillo Oroza Case.
Reparations, supra note 2, para. 37; and Bámaca Velásquez Case. Reparations, supra note 2, para. 15.
27
Cf. Trujillo Oroza Case. Reparations, supra note 2, para. 47; Bámaca Velásquez Case.
Reparations, supra note 2, para. 22; and Cantoral Benavides Case. Reparations (Art. 63(1) American
Convention on Human Rights). December 3, 2001 Judgment. Series C No. 88, para. 34.