documentary probative elements provided by the parties on different procedural occasions, as
well as the helpful evidence incorporated ex officio by this Court (infra paras. 60 and 61). To
this end, the Court will abide by the principles of sound judicial discretion, within the
corresponding legal framework. 67
A.
Documentary evidence
54.
The Court has received different documents presented as evidence by the InterAmerican Commission, the representatives, and the State, attached to their main briefs
(supra paras. 1, 5 and 6) and to the representatives’ observations on the preliminary
objections filed by the State (supra para. 7), as well as helpful evidence provided by the
representatives and the State that was requested by the Court or its President (supra paras.
8, 9 and 10). 68
B.
Admission of the evidence
55.
In this case, as in others, the Court grants probative value to those documents
presented opportunely by the parties and the Commission that were not contested or opposed
and the authenticity of which was not challenged. 69
56.
With regard to the newspaper articles presented by the parties and the Commission
together with their different briefs, this Court has determined that they can be assessed when
they refer to well-known public facts or declarations by State officials, or when they
corroborate aspects related to the case. 70 The Court decides to admit those documents that
are complete or that, at least, allow their source and date of publication to be appreciated,
and will assess them taking into account the whole body of evidence, the observations of the
parties, and the rules of sound judicial discretion. 71
57.
Also, regarding some documents indicated by the parties and the Commission by
means of electronic links, 72 the Court has established that, if a party provides, at least, the
direct electronic link to the document cited as evidence and it is possible to access it, neither
legal certainty nor the procedural balance are affected, because it can be found immediately
67
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, supra, para. 76, and Case of
Suárez Peralta v. Ecuador, supra, para. 30.
68
The representatives and the State did not offer testimonial statements, expert opinions, or statements of the
presumed victims as evidence in this case. The Commission offered an expert opinion that was not admitted by the
President of the Court in his Order of December 19, 2012 (supra footnotes 5 and 13).
69
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 140, and Case of Suárez Peralta v.
Ecuador, supra, para. 32.
70
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 146, and Case of Suárez Peralta v.
Ecuador, supra, para. 33.
71
In particular, the Court admits newspaper articles that were provided within the case file of the civil action
and in the case file of the criminal proceeding opened against Messrs. Mémoli, as well as the newspaper articles
published by Messrs. Mémoli and the Sociedad Italiana, provided in the file of the proceedings before the
Commission and as part of the annexes to the representatives’ final arguments, because they are directly related
to the facts of this case.
72
In particular, the following document provided by electronic links are admitted: Law 26,551, Criminal Code
of
the
Nation
(cited
by
the
Commission
in
its
Merits
Report,
available
at:
http://www.infoleg.gob.ar/infolegInternet/annexes/160000-164999/160774/norma.htm); Law 3,589, Code of
Criminal Procedure of the province of Buenos Aires (annex 2 to the State’s brief with final arguments, available at:
http://www.gob.gba.gov.ar/legislacion/legislacion/l-3589.html), and Code of Civil and Commercial Procedure of the
province of Buenos Aires (annex 1 to the State’s brief with final arguments, available at
http://www.gob.gba.gov.ar/legislacion/legislacion/l-7425.html).
22