26
Social Indicators), prepared by the Department for Production and Dissemination of
Statistics in January 1999, establishes life expectancy by five-year periods. The
Court will take the data contained in the last two tables and will determine the life
expectancy of the victims, understood as the number of additional years that each
victim might have lived, taking into account data such as age, sex and geographical
zone of residence (supra 66.b)
69.
In this case, as in others, the Court accepts the evidentiary value of those
documents submitted by the parties at the due procedural opportunity or as helpful
evidence that were not contested or opposed and the authenticity of which was not
questioned18.
70.
Regarding the testimony given by the next of kin of the victims in this case,
the Court admits it when it is consistent with the purpose of the line of questioning
proposed by the Commission. In this respect, this Court considers that, as they are
close relatives and have a direct interest in the case, their statements cannot be
evaluated in isolation, but rather within the context of all the evidence in the
proceedings. With regard to reparations, the testimony of the next of kin is useful,
provided they can supply additional information about the consequences of the
violations that were committed.
71.
As for the expert reports by Graciela Marisa Guilis and Robin Eric Hahnel, this
Court admits them, insofar as they are consistent with the purpose proposed by the
Commission.
VI
OBLIGATION TO MAKE REPARATION
72.
In the seventh operative paragraph of the judgment of March 8, 1998, the
Court decided that Guatemala “[was] obliged to make reparation for the
consequences of the declared violations and to pay fair compensation to the victims
and, where appropriate, to their next of kin” (supra 3.7). The Court will decide the
disagreement on this issue in this judgment.
73.
In the eighth operative paragraph of the same judgment, the Court decided
to open the reparations stage and authorize the President to adopt the corresponding
procedural measures.
74.
Article 63(1) of the American Convention in fine applies to reparations; it
establishes
[The Court] shall also rule, if appropriate, that the consequences of the
measure or situation that constituted the breach of such right or freedom
be remedied and that fair compensation be paid to the injured party (the
original is not underlined).
18
Cf. Caso Castillo Paéz, Reparations, supra note 2, para. 39; Loayza Tamayo case, Reparations,
supra note 2, para. 53; and Suárez Rosero case. Reparations (Article 63(1) American Convention on
Human Rights). Judgment of January 20, 1999. Series C No. 44, para. 29.