19
56.
As regards the documents requested by the Court based on Article 44 of the
Rules of Procedure, which were presented by the parties (supra paras. 26 and 27),
the Court incorporates them into the body of evidence in this case in application of
the provisions of the first subparagraph of this norm. Likewise, the Report of the
Commission for Historical Clarification, “Guatemala, memoria del silencio”
(hereinafter the “CEH report”), the Report for the Recovery of the Historic Memory
prepared by the Archdiocesan Human Rights Office, “Guatemala: Nunca más: los
mecanismos del horror” (hereinafter the “REMHI Report”), the Agreement on a Firm
and Lasting Peace between the Government of the Republic of Guatemala and the
Unidad Revolucionaria Nacional Guatemalteca of December 29, 1996, the
Constitution of the Republic of Guatemala and the Code of Criminal Procedure in
force at the time of the facts, are considered useful documentation in order to rule on
this case, and are therefore added to body of evidence, in application of the
provisions of Article 44(1) of the Rules of Procedure. Likewise, in application of the
provisions of this article of the Rules of Procedure, the Court incorporates into the
evidence, the five photographs presented by the witness, Daniel Robert Saxon, and
the copy of the undated and unsigned document that contains photographs and
information from different persons, the videocassette entitled “Declaraciones y otras
noticias sobre el caso de Maritza Urrutia” [Statements and other information on the
Maritza Urrutia case], and the 14 attachments to the final written arguments,
submitted by the representatives of the alleged victim (supra paras. 21 and 24).
57.
In view of the above, the Court will assess the probatory value of the
documents, statements and expert report presented in writing or made before it.
The evidence presented during all stages of the proceedings has been integrated into
a single body of evidence, which will be assessed as a whole.27
VII
PROVEN FACTS
58.
Having examined the documents, the statements of the witnesses, the report
of the expert witness and the statements of the Commission, the representatives of
the alleged victim, and the State, the Court considers that the following facts have
been proven.
General facts
58.1. When the facts related to this case occurred, Guatemala was immersed in an
internal armed conflict and had initiated the peace negotiations process between the
Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca
(hereinafter “URNG”);28
58.2. During the negotiation process, among other initiatives, the Guatemalan Army
undertook a series of actions to demoralize and weaken the position of the “enemy”
factions (URNG). Among these actions, the Army conducted so-called psychological
operations, during which they presented to the media alleged members of URNG,
27
Cf. Bulacio case, supra note 14, para. 68; Juan Humberto Sánchez case, supra note 14, para.
60; and Las Palmeras case. Reparations, supra note 15, para. 34.
28
Cf. The Agreement on a Firm and Lasting Peace between the Government of the Republic of
Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) of December 29, 1996.