18
48.
The brief of final arguments of the State was presented in a time-barred
manner; therefore, the Tribunal does not include it in the case (supra para. 28).
49.
Regarding the articles published by the press presented by the parties, the
Tribunal considers that they may be assessed when they include public or notorious
facts or statements of State employees or they corroborate aspects related to the
case.15
Assessment of the Testimonial and Expert Evidence
50.
Regarding the statement given by Mr. Alfredo López Álvarez (supra para.
40(1)(b)), this Tribunal admits it in what it concurs with its object stated in the
Decision of May 11, 2005 (supra para. 19). Given the fact that the alleged victim has a
direct interest in the case, his statement cannot be assessed in an isolated manner,
but instead within the totality of the body of evidence, applying the rules of competent
analysis. The statements made by the alleged victims have a special value, since they
offer relevant information on the consequences of the violations that could have been
committed against them.16
51.
The Tribunal also admits the statement given by Mrs. Teresa Reyes Reyes
(supra para. 40(1)(c)), in what it concurs with the object of the statement, and it will
assess it within the totality of the body of evidence. The Court considers that since she
is a relative of the alleged victim and she has a direct interest in this case, her
statements may not be assessed in an isolated manner, but instead within the totality
of the evidence collected during the process. The statements of the next of kin of the
alleged victims are useful in what refers to the merits and the reparations, in the
measure a in which they offer more information on the consequences of the alleged
violations committed.17
52.
Regarding the testimony of Mrs. Gregoria Flores Martínez (supra para.
40(1)(a)) and the expert report of Mr. Milton Jiménez Puerto (supra para. 40(2)(a)),
this Tribunal admits them since it considers that they are useful in solving the present
case and considering the observations made by the State in its final oral arguments
regarding the statement of Mrs. Flores Martínez, and includes them in the body of
evidence applying the rules of competent analysis.
53.
In the terms mentioned, the Court will weigh the evidentiary value of the
documents, statements, and expert reports presented to it in writing or offered before
it. The evidence presented during the process has been brought together into a single
body, considered a whole.18
15
Cf. Case of Palamara-Iribarne. Judgment of November 22, 2005. Series C No. 135, para. 60; Case
of the “Mapiripán Massacre”. Judgment of September 15, 2005. Series C No. 79, para. 134, and Case of the
Girls Yean and Bosico. Judgment of September 8, 2005. Series C No. 130, para. 96.
16
Cf. Case of Blanco-Romero et al., supra note 7, para. 45; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 91; and Case of Gómez-Palomino, supra note 7, para. 50.
17
Cf. Case of Blanco-Romero et al., supra note 7, para. 45; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 91; and Case of Gómez-Palomino, supra note 7, para. 50.
18
Cf. Case of García-Asto and Ramírez-Rojas, supra note 7, para. 96; Case of the Girls Yean and
Bosico, supra note 15, para. 99, and Case of Acosta-Calderón. Judgment of June 24, 2005. Series C No. 129,
para. 49.
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