21
36.
In the instant case, as in others6, the Court recognizes the evidentiary value of
the documents submitted by the parties at the appropriate procedural stage, which
have neither been disputed nor challenged, and whose authenticity has not been
questioned.
37.
As to the sworn statements which have been rendered before a public official
whose acts command full faith and credit (affidavits) by Carlos Marecos-Aponte,
Leonardo González, Gladys Benítez, Elsa Ayala, and Mariana Ayala, alleged victims in
the instant case (supra para. 34), the Court admits them inasmuch as they are in
accordance with the object thereof, as set forth in the Order of the President issued
on December 21, 2005 (supra para. 18). The Court has considered that the
statements given by the alleged victims cannot be assessed separately for they have
an interest in the outcome of the instant case, and therefore, must be assessed as a
whole with the rest of the body of evidence, applying thereto the standards of
reasonable credit and weight analysis.7 Regarding both the merits of the case and
reparations, the statements given by the alleged victims and their next of kin may
provide useful information on the alleged violations and the consequences thereof.8
38.
Likewise, the Court notes that the State challenged the statement given
before a public official whose acts command full faith and credit (affidavit) by Ms.
Elsa Ayala and by “the other members of the Sawhoyamaxa [C]ommunity,”
regarding the alleged failure to provide medical care at the hospitals of Paraguay,
when these lack financial resources. In this regard, it stated that “the Ministry of
Public Health provides free medical care to everybody, and particularly, to the poor;
furthermore, local Governments have a department for the assistance of indigenous
people, to which they can resort and where they are always assisted and advised.”
As evidence of the foregoing, the State attached Resolution No. 280/92, “wherein it
is established that besides being provided with free medical care, the indigenous
people should be exempted from paying for medical tests and other procedures
carried out at the Hospital Nacional de Itaugua (Itaugua National Hospital)” and
Circular Letter S.G. No. 1/95, issued by the Ministry of Public Health and Social
Welfare, on “full, deferential, and free medical care to indigenous groups.” In this
regard, the Inter-American Court considers that the statement given by Ms. Elsa
Ayala, as well as those given by the other members of the Sawhoyamaxa
Community regarding their situation and living conditions, may contribute to the
determination of such facts by the Court and this is the reason why it assesses them
as a whole with the rest of the body of evidence, applying thereto the standards of
reasonable credit and weight analysis and taking into consideration the comments
submitted by the State (supra para. 23).
39.
As to the expert opinion given before a public official whose acts command
full faith and credit (affidavits) by expert witnesses José Marcelo Brunstein and
Augusto Fogel (supra para. 34(i) and (k)), as well as the statement given by witness
6
Cf. Case of Acevedo-Jaramillo et al, supra note 3, para. 189; Case of López-Alvarez, supra note 3,
para. 41, and Case of Pueblo Bello Massacre, supra note 3, para. 71.
7
Cf. Case of Acevedo-Jaramillo et al, supra note 3, para. 203; Case of López-Álvarez, supra note
3, para. 50, and Case of Pueblo Bello Massacre, supra note 3, para. 73.
8
Cf. Case of Gutiérrez-Soler. Judgment of September 12, 2005. Series C No. 132, para. 45; Case
of YATAMA. Judgment of June 23, 2005. Series C No. 127, para. 116, and Case of the Indigenous
Community Yakye Axa, supra note 1, para. 43.