15
IV
COMPETENCE
63.
The Court has competence to hear this case in the terms of Article 62(3) of the
Convention. The State of Panama ratified the American Convention on June 22, 1978, and it
entered into force for the State on July 18, 1978. On May 9, 1990, the State recognized “as
binding, ipso facto, the competence of the Inter-American Court of Human Rights on all
matters relating to the interpretation or application of the American Convention […].” The
State also ratified the Inter-American Convention to Prevent and Punish Torture on August
28, 1991, and the Inter-American Convention on Forced Disappearance of Persons on
February 28, 1996. They entered into force for the State on September 28, 1991, and
March 28, 1996, respectively.
V
EVIDENCE
64.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, and on the
Court’s case law regarding evidence and its assessment,24 the Court will proceed to examine
and assess the documentary probative elements forwarded by the Commission, the
representatives and the State on different procedural occasions or as helpful evidence that
was requested by the President and the Court, as well as the sworn testimonial statements
and expert opinions rendered before notary public (affidavits) or at the public hearing
before the Court. In this regard, the Court will observe the principles of sound judicial
discretion within the corresponding legal framework.25
A)
DOCUMENTARY, TESTIMONIAL AND EXPERT EVIDENCE
65.
At the request of the Court and of the President,26 the Court received the statements
and expert opinions rendered before notary public (affidavits) of the following witnesses and
expert witnesses:27
(a)
Graciela De León Rodríguez, witness proposed by the Commission and the
representatives, was the alleged victim’s companion. She testified on the different
measures that she and her family took to discover the truth of what happened to
Heliodoro Portugal; the State’s response in this regard; the alleged obstacles faced
by the family in their search for justice in the case and in the finding and
identification of Heliodoro Portugal’s remains, as well as the consequences on her
personal life and on that of her family of the alleged disappearance of Heliodoro
Portugal and the presumed lack of justice in that regard;
(b)
Franklin Portugal, witness proposed by the Commission and the
representatives, is the alleged victim’s son and his testimony referred to the
24
Cf. Case of the “White Van” (Paniagua Morales et al.), supra note 18, para. 50; Yvon Neptune v. Haiti.
Merits, reparations, and costs. Judgment of May 6, 2008. Series C No. 180, para. 22, and Case of Salvador
Chiriboga, supra note 6, para. 18.
25
Cf. Case of the “White Van” (Paniagua Morales et al.), supra note 18, para. 76; Case of the Saramaka
People, supra note 6, para. 63, and Case of Albán Cornejo et al., supra note 22, para. 26.
26
Order issued by the Inter-American Court, supra note 3 and Order issued by the President of the InterAmerican Court, supra note 4.
27
In their communications of January 9, 2008, the Inter-American Commission and the representatives
informed the Court that they desisted from offering the testimony of Terry Melton.