14
terms of Article 44 of the Rules of Procedure. Moreover, the State forwarded the
application filed by the members of the Association of Discharged and Retired
Employees, dated May 27, 1993, as well as Order Nº 63 of the 4º Specialized
Civil Court of the Superior Court of Justice of Lima, dated January 24, 2005 and a
case-file of the case-law of the Constitutional Court of Perú regarding its criteria
of interpretation and enforcement of judgments. The Court notes that said
evidence was untimely presented within the procedure before the Tribunal and
that it is not related to supervening facts. Nevertheless, considering that those
are documents that are related to the domestic procedure of this case and
relevant case-law for the determination of the procedural rules applicable to the
enforcement of the judgments, subject-matter of this controversy, the Tribunal
considers that such evidence is relevant and necessary to decide the facts of the
case at hand. Therefore, considering that such item of evidence was not
challenged by the other parties (supra para. 10), the Tribunal admits it, pursuant
to Article 45(1) of the Rules of Procedure in order assess it together with the rest
of the body of evidence and according to the rules of sound judgment.
38.
Likewise, the representatives submitted, together with the brief of final
arguments, the following documentary evidence, which has not been forwarded at
the appropriate procedural opportunity, in accordance with Article 44 of the Rules
of Procedure: a) in Appendix 2, the “Judgment of the Commission on Budget and
General Account of the Republic regarding Bill N° 2029/2007-PE” of December
16, 2008; b) in Appendix 4, "Judicial Order N° 152 of July 19, 2006”; c) in
Appendix 5, “Official Letter N° 692-2007-JUZ/CNDH-SE” of April 26, 2007; d) in
Appendix 6, “Official Letter N° 247-2006-CG/RH” of June 17, 2006, and e) in
Appendix 7, a copy of the “statements of the Head of the SUNAT ([published in
two Peruvian] newspapers, PERÚ 21 and GESTION of January 17, 2009)”. In this
regard, the Court notes that said evidence was untimely submitted within this
proceeding and that, except for the "Judgment of the Commission on Budget” of
December 16, 2008, it does not relate to supervening facts. The Tribunal admits
as supervening evidence the already mentioned “Judgment of the Commission on
Budget” of December 16, 2008, in accordance with Article 44(3) of the Court’s
Rules of Procedure, since such item of evidence was not challenged by the parties
(supra para. 10) and is relevant for the determination of the facts of the case.
Furthermore, the Court deems that the other documents17 refer to the alleged
lack of enforcement of the judgments that are subject-matter of this case, for
they are relevant and necessary to determine the facts of the case at hand and
therefore, the Court admits them, under Article 45(1) of its Rules of Procedure, in
order to assess them together with the rest body of evidence on the basis of
sound judgment.
39.
In relation to the press clippings furnished by the representatives in
Appendix 7 of the final written arguments, this Tribunal shall assess them insofar
as they contain public and well-known facts or statements of State officers, or
when they corroborate aspects related to the case.18
*
40.
*
*
Upon examining the evidence contained in the records of the instant case,
17
In Appendix 4, the “Judicial Order Nº 152 of July 19, 2006”; in Appendix 5, the “Official
Letter Nº 692-2007-JUZ/CNDH-SE”, of April 26, 2007”; in Appendix 6, the “Official Letter Nº 2472006-CG/RH" of June 17, 2006 and in Appendix 7, a copy of the "statements of the Head of SUNAT
([published in two] [Peruvian] newspapers, PERÚ 21 and GESTION, on January 17, 2009").
18
Cf. Case of Velásquez Rodríguez, supra note 15, para. 146; Case of Kawas Fernández, supra
note 13, para. 43; and Case of Perozo et al., supra note 13, para. 101.