13
the alleged victims are duly identified in both briefs, removing the possibility of adding new
alleged victims in the petition.25
45.
Based on the aforementioned and in the partial acknowledgement of responsibility
by the State, the Tribunal considers as alleged victims Florencio Chitay Nech and his
children Encarnación, Pedro, Eliseo, Estermerio, and María Rosaura, all with the last name
of Chitay Rodriguez, over whom no controversy exists among the parties regarding their
identification as victims. The Court notes that for procedural reasons, due to the fact that
the Commission in the petition did not include Marta Rodriguez Quex as an alleged victim,
who is alleged to have equally suffered due to the circumstances, she cannot be considered
an alleged victim before this Tribunal. Nevertheless, the Court highlights that the lack of a
determination of violations to her detriment in this international instance does not pose an
obstacle to preclude the possibility that the State, in its discretion, adopt reparation
measures in her favor.26
46.
Regarding Amada Rodriguez Quex, this Court has affirmed that she was not
identified as an alleged victim in the Report on the Merits of Article 50 nor in the petition.
Regarding the request of the representatives to include the community of San Martín
Jilopeteque as an alleged victim, it is fitting to observe that on one hand, it was not alleged
at the proper procedural point in time and neither was it included in the Report on Merits or
in the petition as an alleged victim. Consequently, it does not correspond to the Court to
make a decision about the supposed violations alleged by the representatives to the
detriment of the aforementioned parties.
VII
EVIDENCE
47.
Based on the stipulations of Article 44 and 45 of its Rules of Procedures, as well as
in the jurisprudence of the Tribunal regarding the evidence and its assessment,27 the Court
will proceed to examine and assess the elements of documentary evidence submitted by
the parties at the various procedural opportunities, as well as the statements offered by
affidavit and those received at the public hearing. In this regard, the Tribunal will obey the
rules of competent analysis, within the corresponding legal framework.28
1.
Documental, testimonial and expert witness evidence
48.
The statements offered before a public notary (affidavit) by the following witnesses
and experts were received:
25
Cf. Case Radilla Pacheco V. México, supra note 12, para. 110, and Case Of the Dos Erres Massacre v.
Guatemala, supra note 12, para. 20.
26
Cf. Case Radilla Pacheco V. México, supra note 12, para. 111.
27
Cf. Case of the “White Van” (Paniagua-Morales et al.)V. Guatemala. Reparations and Costs. Judgment of 25
of May of 2001. Series C No. 76, para. 50; Case Dacosta Cadogan V. Barbados. Preliminary Exceptions, Merits,
Reparations and Costs. Judgment of 24 of September of 2009. Series C No. 203, para. 32, and Case Of the Dos
Erres Massacre v. Guatemala, supra note 12, para. 55.
28
Cf. Case of the “White Van” (Paniagua-Morales et al.)V. Guatemala. Merits. Judgment of 8 of March of
1998. Series C No. 37, para. 76; Case Radilla Pacheco V. México, supra note 12, para. 67, and Case Of the Dos
Erres Massacre v. Guatemala, supra note 12, para. 55.