68.
Also, with regard to some documents indicated by the parties and the Commission
by means of electronic links, the Court has established that, if a party provides the direct
link to the document that it cites as evidence and it is possible to access it, legal certainty
and procedural balance are not affected because it can be located immediately by the Court
and the other parties. 72 In this case, the other parties did not contest or submit
observations on the content and authenticity of such documents.
69.
Regarding the procedural occasions to present documentary evidence, according to
Article 57(2) of the Rules of Procedure, in general, this must be presented together with the
brief submitting the case, the pleadings and motions brief, or the answering brief, as
appropriate. The Court recalls that evidence forwarded at any other time is not admissible,
except in the case of the exceptions established in the said Article 57(2) of the Rules of
Procedure; namely, force majeure or serious impediment, or if it relates to a fact that
occurred after the said procedural occasions. In this regard, it observes that, with its final
written arguments, the State forwarded documentation consisting in judgments of the
domestic courts 73 and alleged evidence relating to the determination of the eventual
reparations, costs and expenses, without providing any justification for its submission after
its answering brief. In this regard, the Court finds that it is not appropriate to admit the
copies of the domestic judgments submitted by the State at an inappropriate time; hence,
the Court will not consider them in its decision.
70.
The Court observes that, with its brief of August 22, 2011 (supra para. 12), the State
included arguments, information and documentation that had not been requested by the
Court as helpful evidence. The Dominican Republic even indicated at that time that the said
brief had “the same juridical value” as its final written arguments, and that, “if there was a
contradiction between its final arguments brief and [its brief of August 22, 2011], the
position set out in the latter would prevail.” The representatives contested the admissibility
of the “additional arguments that modify those that had been presented in the [State’s]
final arguments brief.” In this regard, this Court notes that the time frame for the
presentation of final written arguments cannot be extended, as established in the Order of
the President of June 3, 2011, and that the period of 21 days established in Article 28(1) of
the Rules of Procedure to present the duly signed briefs does not constitute an opportunity
to amend them. Based on the foregoing, as well as on the principle of equality between the
parties, the additional arguments presented by the State in its brief of August 22, 2011,
that contradict or modify its final written argument are not admissible, and consequently will
not be considered by the Court in its decision.
71.
With their final written arguments, the representatives forwarded vouchers for the
costs and expenses incurred following the presentation of the pleadings and motions brief.
Therefore, the Court finds that the said documentary evidence complies with the formal
requirements to be admitted as evidence on a supervening fact, in keeping with Article
57(2) of the Rules of Procedure, and incorporates it into the body of evidence to assess it,
according to the rules of sound judicial discretion. Consequently, the Court also admits the
observations on costs and expenses submitted by the State after its answering brief.
72.
In addition, the representatives contested the Court’s request to the State for
information regarding “the alleged destruction and alteration of documents,” on the basis
72
Cf. Case of Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C
No. 165, para. 26, and Case of Chitay Nech et al. v. Guatemala, supra note 52, para. 54.
73
These documents consist of “three judgments of the Supreme Court of Justice, admitting a remedy of
cassation against […] decision[s] of the Review Chamber” in other cases.
24
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