B)
Admission of the evidence
B.1)
Admission of the documentary evidence
16.
In this case, as in others, the Court admits those documents submitted opportunely by the
parties that were not contested or challenged and the authenticity of which was not disputed.11 The
documents requested as helpful evidence by the Order of the President of the Court of November
2, 2011,12 and by the Court during the public hearing, are incorporated into the body of evidence in
application of the provisions of Article 58(b) of the Rules of Procedure.
17.
With regard to newspaper articles, the Court has considered that they can be assessed
when they refer to well-known public facts or declarations made by State officials or when they
corroborate aspects related to the case.13 The Court decides to admit those documents that are
complete or that, at least, allow their source and date of publication to be verified, and will assess
them taking into account the body of evidence, the observations of the parties, and the rules of
sound judicial discretion.
18.
Also, regarding some documents indicated by the Commission by means of electronic links,
the Court has established that if a party provides, at least, the direct electronic link to the document
it cites as evidence and the document can be accessed neither legal certainty nor procedural
balance are impaired because it can be located immediately by the Court and by the other parties.14
In this case, the parties did not oppose or make observations on the content and authenticity of
such documents.
19.
Some types of evidence proposed or requested pose specific problems that the Court will
analyze in the following paragraphs in order to make an explicit ruling in this regard.
Request to transfer expert opinions provided in other cases against Venezuela
20.
The Commission asked the Court to transfer the expert opinions provided in other cases
against Venezuela by Antonio Canova González and Román Duque Corredor. The former had
referred, inter alia, to the situation of the Venezuelan Judiciary, its disciplinary regime, and the
constitutional and legal powers of the administrative-law judges to order the integral restitution of
legal situations that had been violated under Venezuela��s domestic law; and the latter, inter alia, to
Venezuela’s domestic law concerning the functioning of the Judiciary, to error in law as a cause for
disciplinary sanction, to the alleged lack of guarantees to ensure the independence of the Judiciary
and the separation of powers, to the relationship of this to the existence of provisional judges, and
to the norms for the appointment and removal of judges in Venezuela.15 Neither the State nor the
representative presented observations on this request. However, the Court considers that it is not
11
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 140, and
Case of Fornerón and daughter v. Argentina, para. 12.
12
The Constitution, the Penal Code, the Code of Criminal Procedure, and the Law for the Protection of Constitutional
Rights and Guarantees of Venezuela, in force and applicable at the time of the facts of this case. Cf. Order of the President
of the Court of November 2, 2011, fifth operative paragraph.
13
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 11, para. 146, and Case of López Mendoza v. Venezuela.
Merits, reparations and costs. Judgment of September 1, 2011. Series C No. 233, para. 19.
14
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.
15
Expert witness Antonio Canova González, lawyer specialized in administrative and constitutional law, proposed by
the representative, testified in the case of Reverón Trujillo v. Venezuela, and expert witness Román Duque Corredor, former
justice of the Political and Administrative Chamber of the Supreme Court of Justice, proposed by the Commission, in the
case of Apitz Barbera et al. (“First Court of Administrative Law”) v. Venezuela.
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