18
minor symptoms. Maritza was in a state of anguish which had appeared suddenly
and this led to a syndrome of “reactive depression,” in other words, simultaneous
depression and anguish, with serious emotional disturbance. The patient was sad,
insecure and frightened of what might happen in future. Accordingly he concluded
that the patient presented a syndrome of anguish with a reactive depression
component.
Psychological problems of an emotional type can lead to a state of exhaustion and
cause more severe physiological problems if they are not treated in time. He
recommended that Maritza should have a psychological examination and begin
treatment with medication. Regarding her convalescence, he noted that if Maritza
sought psychological help and support immediately, she could almost return to
normality. He emphasized that if the cause of the psychological trauma had been
resolved, the patient would have recovered more rapidly.
C) ASSESSMENT OF THE EVIDENCE
Assessment of the documentary evidence
52.
In this case, as in others,25 the Court accepts the probative value of the
documents presented by the parties at the proper procedural opportunity, that were
not contested or opposed, and whose authenticity was not questioned. Pursuant to
Article 44 of the Rules of Procedure, the Court also accepts the helpful evidence
presented by the Inter-American Commission and the representatives of the alleged
victim, because it considers it useful for the decision in this case.
Assessment of the testimonial and expert evidence
53.
Regarding the statement made by Maritza Urrutia in this case (supra para.
51(a)), which is credible, has not been challenged, and is supported by other
elements, the Court accepts it insofar as it corresponds to the purpose of the
questionnaire proposed by the Commission and the representatives of the alleged
victim. In this respect, this Court considers that, as this is an alleged victim who has
a direct interest in the case, her statements must be assessed together with all the
evidence of the proceedings and not in isolation. In matters concerning merits and
reparations, the statements of the alleged victims are useful insofar as they can
provide more information on the consequences of the violations perpetrated.26
54.
As regards the statements of the parents and brother of Maritza Urrutia and of
Daniel Robert Saxon (supra paras. 51(b), 51.(c), 51(d) and 51(e)), this Court
considers that they are admissible, they do not contradict each other, and they are
supported by other probatory indications or elements; they are accepted insofar as
they correspond to the purpose of the proposed questionnaire; and the Court
assesses them among the whole body of evidence.
55.
In relation to the report of the expert witness (supra para. 51(f)), which was
not challenged or contested, the Court admits it and recognizes that it has probatory
value.
25
Cf. Bulacio case, supra note 14, para. 57; Juan Humberto Sánchez case, supra note 14, para.
45; and “Five Pensioners” case, supra note 14, para. 84.
26
Cf. Bulacio case, supra note 14, para. 66; Juan Humberto Sánchez case, supra note 14, para.
57; and “Five Pensioners” case, supra note 14, para. 85.