28
Urcesino Ramírez-Rojas’ family is made up of nine siblings: three brothers and six
sisters. Before his detention, Urcesino Ramírez-Rojas lived with his mother, his son,
his sister Filomena, and her son. His mother, who was ninety years old at the time
of his detention, died in 1996. After the detention of the alleged victim, his son was
taken to his mother’s home, where he was mistreated, which is why the witness
took him back to the home of his brother Urcesino Ramírez-Rojas, where he is now
being looked after by Filomena, one of Urcesino Ramírez-Rojas’ sisters. The alleged
victim’s son is now seventeen yeas old, and has found many obstacles in visiting
his father in the penitentiaries. Since his father’s detention, he has often been ill
and has encountered great difficulty with his studies.
Just like the alleged victim’s son, his brothers and sisters were affected by his
detention, especially because of their fear of being detained. When the alleged
victim’s next of kin visited him, they always had to undergo considerable
“hostilities.” They were yelled at and threatened. During a visit to the penitentiary,
his sister Marcelina was carrying a green coat, which was seized by the police, and
both Marcelina and her son were detained. On the following day, the family
members talked to an attorney and the police released them both. Since the
detention of his brother, the witness has suffered from hypertension.
C) EVIDENCE ASSESSMENT
Documentary Evidence Assessment
88.
In the instant case, as in others,13 the Court admits the evidentiary value of
those documents which were submitted by the parties at the appropriate procedural
stage, which were neither disputed nor challenged, and the authenticity of which was
not questioned.
89.
The Court finds it helpful to consider the documents submitted by the
representatives as their closing arguments (supra para. 36), as well as the evidence to
facilitate the adjudication of the instant case as requested by the Court and submitted
by the representatives on November 11 and 16, 2005 (supra para. 44) and by the
State on April 12, 2005 (supra para. 26) and on October 19, 2005 (supra para. 42), as
they have not been challenged, and their authenticity or certainty has not been
questioned. Therefore, the Court shall admit them into the body of evidence of the
instant case, pursuant to Article 45(1) of the Rules of Procedure.
90.
In turn, the State (supra para. 23) and the representatives (supra para. 21)
have filed documentary evidence regarding facts and events which occurred after the
submission of the application, pursuant to Article 44(3) of the Rules of Procedure, and
therefore, the Court shall admit them as evidence inasmuch as they have not been
challenged, their authenticity has not been questioned, and they bear relationship with
this instant case.
13
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 77; Case of Raxcacó-Reyes, supra note
10, para. 38, and Case of Gutiérrez-Soler, supra note 6, para. 43.
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