28
respecting the principle of the presence of both parties.25 Regarding these expert
opinions, in accordance with the request by the parties (supra 27), the Court applied
its discretionary criterion to allow submission of statements or declarations in
writing. As it has done previously,26 the Court will not consider this procedural item
to be full evidence but will, instead, assess its content within the context of the body
of evidence and applying the rules of competent analysis.27
63.
With respect to the newspaper clippings, this Court deems that even though
they are not documentary evidence proper, they may be assessed when they reflect
publicly-known or notorious facts, statements of officials of the State, or when they
corroborate what is set forth in other documents or testimony received during the
proceedings.28 Thus, the Court includes them in the body of evidence as a means to
establish the consequences of the facts of the case together with other evidence
supplied, insofar as they are relevant.
Assessment of the Testimonial Evidence and Expert Opinions
64.
On February 27, 2003 the Inter-American Commission, after consulting with
the representatives of the next of kin of the victim, requested, in light of the
agreement signed by the parties, that only the testimony of Graciela Rosa Scavone,
the victim’s mother, and the expert opinions of Graciela Guilis and Sofía Tiscornia be
heard. The Commission also adjusted the object of their testimony to matters
pertaining to reparations, because of the agreement for a friendly settlement (supra
27).
65.
During the second public hearing (supra 27), the State declared that it
“desist[ed] from the objections raised” regarding expert witness Sofía Tiscornia and
the written statement of expert witness García Méndez in its March 5, 2003 brief.
Likewise, it asked “[the] Honorable Court to grant the Government of the Republic of
Argentina the opportunity to submit, also in writing, a report by an expert who will
address the same subjects as expert witness Sofía Tiscornia” (supra 27).
66.
The Court admits the statement by Graciela Rosa Scavone (supra 56.a)
insofar as it is in accordance with the object of the examination proposed by the
Commission. In this regard, the Court deems that being a next of kin of the victim
and having a direct interest in this case, her statements cannot be assessed in an
isolated manner, but rather within the context of the body of evidence of the
proceedings. Regarding reparations, the testimony of the next of kin of the victim is
useful insofar as they can provide additional information on the consequences of the
violations that may have occurred.29
25
Cf., Juridical status and human rights of the child, supra note 4, paras. 132-133.
26
Cf., Las Palmeras Case, Reparations, supra note 5, para. 130; El Caracazo Case, Reparations,
supra note 5, para. 60; and Castillo Páez Case. Reparations (Art. 63(1) American Convention on Human
Rights). November 27,1998 Judgment. Series C No. 43, para. 40.
27
Cf., Juan Humberto Sánchez Case, supra note 4, para. 55; El Caracazo Case, Reparations, supra
note 5, para. 60; and Hilaire, Constantine and Benjamin et al. Case, supra note 5, para. 69.
28
Cf., Juan Humberto Sánchez Case, supra note 4, para. 56; Cantos Case, supra note 6, para. 39;
and Baena Ricardo et al. Case. February 2, 2001 Judgment. Series C No. 72, para. 78.
29
Cf., Juan Humberto Sánchez Case, supra note 4, para. 57; “Five Pensioners” Case, supra note 4,
para. 85; and Cantos Case, supra note 6, para. 42.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents