State's arguments in relation to an improper inclusion of Articles 5 and 11 of the Convention in
the motions and pleadings brief are inadmissible.
V
EVIDENCE
A. Admissibility of documental evidence
34. The Court received various documents, presented in evidence by the Commission, the
alleged victim, and the State, attached to their main briefs (supra paragraphs 3, 6, and 7). As in
other cases, this Court admits those documents presented in a timely manner (Article 57 of the
Rules of Procedure) 11 by the parties and the Commission, admissibility of which was neither
disputed nor opposed, and whose authenticity was not questioned 12.
35. The Court also received documents attached to the final written arguments presented by
the State and by the alleged victim 13 (supra paragraph 11). On April 26 and 27, 2021, the
presumed victim and the State, respectively, submitted observations on these documents and
the presumed victim submitted an attached document 14. The State argued that the annexes to
the final written arguments of the alleged victim were submitted extemporaneously and that, in
this case, none of the exceptions provided for in Article 57(2) of the Court’s Rules of Procedure
appear and for that reason, it requested they be declared inadmissible. The presumed victim
presented general observations on the documents presented by the State, and the InterAmerican Commission, and indicated that she had no observations on the documents provided
by the parties. The Court notes that the documents attached to the final written arguments of the
State and the presumed victim and the document attached to the presumed victim's observations
were not offered at the appropriate procedural opportunity and that, in this case, none of the
exceptions defined in the regulations for the late admission of evidence exists. For that reason,
these documents will not be accepted.
36. On March 18 and April 22, 2021, the State was requested to send additional clarifying
documentation. The State, by means of briefs filed with the Secretariat of the Court on March 24,
April 12 and May 4, forwarded the requested information, which was brought to the attention of
the presumed victim and the Inter-American Commission, who had the opportunity to present
observations (supra paragraph 10). These documents were incorporated into the body of
evidence.
B.
Admissibility of testimonial and expert evidence
The documentary evidence may be presented, in general and in accordance with Article 57(2) of the
Rules of Procedure, together with the case’s submitting, requests and arguments or answering briefs, as
appropriate. The evidence submitted outside of these procedural opportunities is not admissible, except for the
exceptions established in the aforementioned article 57(2) of the Rules of Procedure (force majeure or serious
impediment) or if it is a supervening event, that is, occurred after the aforementioned procedural moments.
11
Cf. Article 57 of Rules of Procedure; also Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July
29, 1988. Series C No. 4, para. 140, and Case of Cordero Bernal v. Peru, supra, para. 20.
13
The State submitted two annexes to its final written arguments: (i) Evaluation Form. Non-hierarchical
personnel - Moya Solís Norka, of July 1, 1976; and (ii) Corrida Resolution No. 000495-2020-CE-PJ, of December
29, 2020. The alleged victim attached four documents to her final written arguments: (i) Appeal for
Reconsideration and Administrative Order No. 10-82- TRCCLL of July 26, 1982; (ii) Supreme Decree that increases
the minimum living wage. Supreme Decree No. 005-201 6-TR; (iii) Table of evolution of the minimum living wage,
November 1962 - February 2013; and (iv) Title of Judicial Clerk, granted by the Superior Court of Lima on January
4, 1983.
12
14
1981.
The alleged victim attached a work certificate issued by the Personnel Director of the Judiciary on April 24,
10