Action Plan 2009-2013, the representatives indicated that “this is not helpful evidence,
because it is not the domestic laws requested by the Court, but rather the State’s
assessment of those laws. Moreover, it is not supervening evidence that is presented for
the first time as an attachment to the State’s final arguments. Consequently, [they
asked] the Court not to incorporate this attachment into the body of evidence in this
specific case.”
37. Regarding the Baseline Reports provided by the State, the Court considers that
these documents are unrelated to the facts analyzed in this case and, therefore, they will
not be admitted. Furthermore, regarding the Consolidated Report presented to the
Committee on the Rights of the Child in July 2012, and the Country Programme Action
Plan 2009-2013, the Court admits it as information that may be helpful to decide this
case.
B.1.2 The helpful evidence requested
38. In communications of February 11 and May 20, 2014, the State was asked to
provide documentation as useful evidence pursuant to Article 58(b) of the Court’s Rules
of Procedure; however, the State only complied partially with the request. 43 Accordingly,
the Court will take the pertinent elements of the documentation provided into
consideration. In this regard, the Court recalls that the parties must provide all the
evidentiary material requested – ex officio as helpful evidence, or at the request of a
party – so that the Court has the greatest number of probative elements in order to
examine the facts and to reason its decisions. 44
B.2 Admission of the testimonial and expert evidence
39. Regarding the testimony provided during the public hearing and by affidavit, the
Court finds it pertinent only insofar as it accords with the purpose defined by the
President of the Court in the order requiring it (supra para. 10). Also, pursuant to the
Court’s case law, the statements of the presumed victims cannot be assessed in
isolation, but rather within the whole body of evidence in the proceedings, because they
are useful to the extent that they can provide additional information on the presumed
violations and their consequences. 45
B.2.1 The State’s objections to statements by the presumed victims offered by
the representatives
40. In a brief of December 17, 2013, the State raised various objections to the offer by
the representatives of the statements of Ignacio Landaeta, María Magdalena Mejías,
Victoria Landaeta, Leydis Landaeta and Francy Parra.
41. In an Order of the President of the Court of December 26, 2013 (supra para. 10), it
was decided to receive the statements of the presumed victims offered by the
representatives, so that the Court could assess their significance in the context of the
existing body of evidence and in accordance with the rules of sound judicial discretion.
43
In this regard, the State did not forward general and detailed photographs No. 1581 and No. 1582 taken
during the site inspection in the case of Igmar Landaeta. Regarding the photographs requested to substantiate
autopsies No. 872-96 and No. 1018-96, corresponding to Igmar Landaeta and Eduardo Landaeta, respectively,
the State indicated that, when these autopsies were performed, photographs were not taken to corroborate
their results (merits file, folios 1249 and 1279).
44
Cf. Case of Durand and Ugarte v. Peru. Merits. Judgment of August 16, 2000. Series C No. 68, para. 51,
and Case of Yvon Neptune v. Haiti. Merits, reparations and costs. Judgment of May 6, 2008. Series C No. 180,
para. 23.
45
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People), supra,
para. 70.
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