53
suffers false accusations. The need to reestablish Myrna Mack Chang’s good name is
a necessary symbolic reparation for the peace of mind of all the family. It is also
necessary for the family to receive psychological assistance individually and as a
family.
She interviewed the family of Myrna Mack Chang in Guatemala, as a group and
individually. To complement her general expert opinion, she submitted to the Court
the individual psychological reports for Zoila Chang Lau, Marco Mack Chang and his
wife, Helen Mack Chang, Ronald Chang Apuy, and Lucrecia Hernández Mack.
C) EVIDENCE ASSESSMENT
Evaluation of the Documentary Evidence
128. In this case, as in others,33 the Court accepts the probatory value of those
documents that were submitted by the parties at the appropriate procedural moment
or as evidence to facilitate adjudication of the case, which was not disputed nor
challenged, and the authenticity of which was not questioned. On the other hand,
pursuant to Article 43 of the Rules of Procedure, the Court admits the evidence
submitted by the parties regarding the supervening events that occurred after the
application was filed.
129. It should be recalled that the body of evidence in a case is unique and
indivisible and is composed of the evidence submitted during all stages of the
proceeding,34 so the documents contributed by the parties with respect to the
preliminary objections are also part of the evidence in the instant case, even if the
State subsequently withdrew said objections (supra paras. 25 and 27).
130. With respect to the written sworn statements rendered by Clara Arenas
Bianchi and Carmen de León-Escribano Schlotter, as well as by expert witness
Bernardo Morales Figueroa, the Court deems them pertinent inasmuch as they are in
accordance with the object defined by the Court in the Order to receive them (supra
para. 35).
131. As regards the documents requested by this Court on the basis of Article 44 of
the Rules of Procedure and that were submitted by the parties (supra paras. 55 and
57) the Court includes them in the body of evidence in the instant case, pursuant to
the provision of paragraph one of that Article. The Report of the Comisión para el
Esclarecimiento Histórico, “Guatemala, memoria del silencio” (hereinafter “CEH
Report”), the “Informe para la Recuperación de la Memoria Histórica” of the Human
Rights Office of the Archbishopric, “Guatemala: Nunca más: los mecanismos del
horror (hereinafter “REMHI Report”), the December 29, 1996 Peace Accord, “Acuerdo
de Paz Firme y Duradera entre el Gobierno de la República de Guatemala y la Unidad
Revolucionaria Guatemalteca,” the Political Constitution of the Republic of Guatemala
and the Criminal Procedures Code in force at the time of the facts, are deemed useful
documentation to decide on the instant case, for which reason they are added to the
body of evidence, pursuant to the provisions of Article 44(1) of the Rules of
33
Cf. Bulacio Case, supra note 9, para. 57; Juan Humberto Sánchez Case, supra note 9, para. 45;
and “Five Pensioners” Case, supra note 9, para. 84.
34
Cf. Bulacio Case, supra note 9, para. 68; Juan Humberto Sánchez Case, supra note 9, para. 60;
and Las Palmeras Case. Reparations, supra note 10, para. 34.
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