III COMPETENCE 15. The Inter- American Court has jurisdiction over this case in accordance with Article 62.3 of the American Convention, given the fact that Chile has been a State Party to the American Convention since August 21, 1990 and accepted the binding jurisdiction of the Court on that same date. IV EVIDENCE 16. Based on the provisions of Articles 46, 49 and 50 of the Rules of Procedure, as well as on the Court’s case law regarding evidence and assessment thereof26, the Court shall now examine and assess the documentary evidence forwarded by the parties at the different procedural stages, the statements of the alleged victim, the testimonies and expert opinions rendered by affidavit and at the public hearing before the Court, as well as evidence to facilitate adjudication of the case. In doing so, the Court shall adhere to the principles of sound judgment, within the applicable legal framework27. A. Documentary, Testimonial and Expert Evidence 17. The Court received the affidavits rendered by the following seven expert witnesses and six witnesses : a) Stefano Fabeni, an expert witness proposed by the Commission, Director of the program on the LGTBI community (Lesbian, gay, bisexual, transgender and intersexual people) of the Global Rights Organization, who rendered an expert opinion regarding: i) the legislative and other types of measures that a State must adopt to prevent discrimination based on sexual orientation in the exercise of public power, and in particular, in the judiciary and ii) the different elements that must be taken into account when formulating and applying public policies to eradicate and prevent discriminatory prejudices based on sexual orientation in that sphere; b) Leonor Etcheberry, an expert witness proposed by the representatives, a lawyer and professor of Family Law at Diego Portales University in Chile, who rendered an expert opinion on: “the manner in which custody proceedings are reviewed and decided under Chilean law and its connection with the way in which the proceeding [...] by the Judge in the Atala Riffo case was carried out"; c) Fabiola Lathrop, an expert witness proposed by the representatives, a lawyer and Professor of Family Law at the University of Chile, who rendered an expert opinion on: concepts related to custody in Chile and in comparative law, with an emphasis on discrimination based on sexual orientation; 26 See Case of the “White Van” (Paniagua Morales et al) v. Guatemala. Reparations and Legal Costs. Judgment of May 25, 2001. Series C No. 76, para. 50 and Case of Chocrón Chocrón v. Venezuela. Preliminary Objections, Merits, Reparations and Legal Costs. Judgment of July 1, 2011. Series C Nº. 227, para. 26. 27 See Case of the “White Van" (Paniagua Morales et al) v. Guatemala, Merits. Judgment of March 8, 1998. Series C, Nº 37, para. 76; and Case of Chocrón Chocrón, supra note 13, para. 26. 9

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