Republic did not present specific detailed information on the reopening of the criminal
investigation in 2007, or a copy of the corresponding file, but merely forwarded a five-page
report prepared by the National District Public Prosecutor in this regard and two
attachments. One of the attachments consists of the transcript of a copy of the letter
allegedly handwritten by the presumed victim Narciso González Medina, the admissibility of
which had been rejected by the President and the Court previously (supra para. 10 and 75,
and infra para. 77), while the other attachment consists of an interview supposedly
conducted with Jimmy Sierra by the Public Prosecutor on August 9, 2010, which is not
signed. In their observations on this information, the representatives requested that the
Public Prosecutor’s report not be admitted as evidence, because “it c[ould] not be
considered a substitute for the judicial case file.”
77.
In this regard, the Court considers that, although the Public Prosecutor’s report does
not respond completely and in detail to the Court’s request for information on the reopening
of the investigation in 2007, it is appropriate to admit the said document under Article 58(b)
of the Court’s Rules of Procedure, and it will be assessed in the context of the body of
evidence and taking into account the corresponding observations of the parties. However,
regarding the attachments to this report, the Court reiterates the considerations contained
in its Order of July 5, 2011, based on which it had not admitted, inter alia, the copy of the
said letter (supra para. 10). The Court recalls that it was inappropriate that the Dominican
Republic only submit the proceedings and actions that are part of the investigation
underway designed to provide grounds for its defense in the international proceedings
before this Court. In the said Order, the Court advised the State that, when submitting
information produced during the said investigation, it “should forward all the information it
possesses, because the isolated presentation of specific documents does not allow the Court
to assess adequately either these documents or the investigation conducted by the State.”
The Court advised the Dominican Republic that, if the said documentation did, in fact,
constitute part of the evidence in the domestic investigation, it could submit it by presenting
the complete information on the reopening of the criminal investigation and the copy of the
respective case file, which the Court had twice requested as helpful evidence. Based on the
above, it is unacceptable that the Dominican Republic has once again presented copies of
two supposed probative measures in isolation, without attaching the complete file of the
respective investigation. Accordingly, the Court finds that the two documents that
accompany the National District Public Prosecutor’s report are inadmissible.
78.
Finally, the State asked the Court to “exclude from the case file any document,
statement and/or element of evidence that could be inferred from [the investigations
conducted by the Police and Joint Boards], because they occurred before the Dominican
Republic had accepted the compulsory jurisdiction of the Court.” The Court ruled on this
request by the State when making the pertinent decision on the preliminary objection of
lack of competence ratione temporis (supra para. 53 and footnote 61).
B.2) Admission of the statements of the alleged victims, and of the
testimonial and expert evidence
79.
Regarding the statements of the alleged victims, the testimony of the witnesses, and
the opinions given during the public hearing and by means of affidavits, the Court finds
them pertinent only to the extent that they are in keeping with the purpose defined by the
President of the Court in the order requiring them (supra paras. 9, 11, 64 and 65). They will
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