20
Guatemalan families who have had and continue to have missing children.
Establishment of a genetic data bank is also essential, as this would allow
Marco Antonio’s mother to feel that even though she left Guatemala she did
not abandon him. These would be “non-abandonment” measures, and the
other one would be the legacy of remembrance.
While submitting her expert report, she referred to the psychological profiles
she developed of Emma Theissen Vda. de Molina, Ana Lucrecia Molina
Theissen, María Eugenia Molina Theissen, and Emma Guadalupe Molina
Theissen. She believes that Emma Guadalupe will need psychotherapy the
rest of her life. She pointed out that María Eugenia, Ana Lucrecia and all their
children also need psychological support.
C) EVIDENCE ASSESSMENT
31.
In this case, as in others,12 the Court accepts the evidentiary value of the
documents submitted by the parties at the appropriate procedural moment that were
not disputed or challenged, and whose authenticity was not questioned. On the
other hand, pursuant to Article 45 of the Rules of Procedure, the Court admits the
evidence to facilitate adjudication of the case tendered by the representatives, as it
deems it useful for adjudication of the instant case (supra para. 29).
32.
With respect to the statements rendered by Emma Theissen Álvarez Vda. de
Molina, Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen, and Emma
Guadalupe Molina Theissen (supra paras. 30.a, 30.b, 30.c and 30.d)), the Court
admits them insofar as the are in accordance with the object of the examination of
the witness, and in view of the acknowledgment of international responsibility made
by the State. In this connection, the Court notes that, in general, statements by the
next of kin of the alleged victims are especially useful regarding both the merits and
reparations insofar as they can provide pertinent information on the harmful
consequences of the alleged violations.13
33.
With respect to the testimony of Axel Mejía Paíz (supra para. 30(e)), this
Court deems that, since it was not disputed and it is corroborated by other items of
evidence, it is admissible insofar as it is in accordance with the object of the
proposed examination, and as such, the Court assesses it within the context of the
body of evidence as a whole.
34.
As regards the expert opinions of expert witnesses Carlos Martín Beristain and
Alicia Neuburger (supra paras. 30(f) and 30(g)), which were neither disputed nor
challenged, the Court admits them and attaches evidentiary value to them.
35.
Regarding the statements rendered before a notary public by expert witness
Oscar Ernesto Reyes (supra para. 28(a)) and witness Mario Alcides Polanco Pérez
(supra para. 28(b)), which were not disputed, this Court also admits them insofar as
they are in accordance with the object of the examination proposed, and it assesses
them in the context of the body of evidence.
12
See Case of Maritza Urrutia, supra note 2, para. 52; Case of Myrna Mack Chang, supra note 2,
para. 128; and Case of Bulacio, supra note 2, para. 57.
13
See Case of Maritza Urrutia, supra note 2, para. 53; Case of Myrna Mack Chang, supra note 2,
para. 132; and Case of Bulacio, supra note 2, para. 66.
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