State forwarded evidence that neither the Court nor its President had requested, without justifying
the submission of this evidence, consisting of, inter alia, 74 compact discs with audiovisual
recordings “of all the hearings held during the trial of Raúl Díaz Peña,” after the answering brief.
Regarding the compact discs, the representative argued that their presentation had been irregular
because they constituted time-barred evidence and “[a]lthough it was true that the State
possessed these recordings when it answered the application and did not include them at that time,
it is also true that they contained elements that have been extensively discussed.” In view of the
fact that they are time-barred and that none of the grounds for exceptions are met, the Court finds
that it is not appropriate to admit the said compact discs presented by the State outside the
appropriate occasion; consequently the Court will not consider them in its decision.
Other documents provided by the State with its final written arguments
24.
The Court admits, ex officio, pursuant to Article 58(b) of the Rules of Procedure, the
documents provided by the State with its final written arguments that had been requested by the
Court. Accordingly, it incorporates them and they will be assessed as pertinent, taking into account
the body of evidence, the observations of the parties, and the rules of sound judicial discretion.
Similarly, the Court admits, ex officio, in keeping with Article 58(a) of the Rules of Procedure, those
documents forwarded by the State with its final written arguments that were not contested or
challenged, and the authenticity of which was not disputed, exclusively to the extent that they are
pertinent and useful for the determination of the facts and the eventual legal consequences of
those facts.
Helpful evidence requested by the Court during the hearing
25.
Regarding the helpful evidence requested by the Court during the public hearing held in this
case (supra para. 11), the State failed to submit the decision ordering the removal of Judge Prado.
Since the disciplinary case file forwarded by the State as an attachment to its final arguments
shows that this is decision No. 2005-0238 issued by the Judicial Commission of the Supreme Court
of Justice on November 1, 2005, and that the text of this decision appears on the web page of the
Supreme Court of Justice of the Bolivarian Republic of Venezuela, as advised in a note of the
Secretariat of May 7, 2012, and based on Article 58(a) of the Court’s Rules of Procedure, the said
decision is incorporated into the body of evidence of the instant case, ex officio. The parties were
given the opportunity to present their observations in this regard.
B.2) Admission of the statement of the presumed victim and of the
testimonial and expert evidence
26.
With regard to the statement of the presumed victim, the testimony of the witnesses, and
the expert opinion provided during the public hearing and by affidavit presented at the appropriate
opportunity, 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 para. 9). They
will be assessed in the corresponding chapter together with the other elements of the body of
evidence and taking into account the observations made by the parties.17
27.
Regarding the statement of the presumed victim, the State made observations on some of
Raúl José Díaz Peña’s answers during his appearance before the Court, and alleged that the
content of some of them was untrue. The Court notes that the State’s observations attempt to
discredit the probative value of Mr. Díaz Peña’s statement, but do not contest the admissibility of
this evidence. According to the Court’s case law, the statements made by the presumed victims
17
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and Case
of Fornerón and daughter v. Argentina, para. 13.
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