C. - Admission of the statements of the alleged victims and of the
testimonial and expert evidence
28.
The Court also admits as evidence the statements and expert opinions rendered
by the alleged victims and expert witnesses at the public hearing and through
affidavits, which shall be assessed in conjunction with the other evidentiary
elements.19
29.
As to the affidavits submitted by the State, the Court notes that these do not
contain answers to the questions raised by the representatives and duly admitted by
the President (supra para. 14). Thus, the Court concludes that, although these were
offered by the State, it did not comply with its obligation to coordinate and implement
the necessary measures to convey the questions to the deponents and include the
relevant answers. Such conduct is incompatible with the duty of procedural
cooperation and with the principle of good faith which govern international
proceedings.20
30.
Furthermore, the Court takes note of the assertion made by the
representatives, which was not refuted by the State, that several Venezuelan public
notaries refused to take affidavits from witnesses and expert witnesses whose sworn
statements were requested by Order of the President (supra para. 14). Based on its
Rules of Procedure,21 the Court deems such actions improper, given the failure to
provide evidence required by the Court.22
D. - Assessment of the file on provisional measures
31.
On November 25, 2002 the Commission submitted to the consideration of the
Court a request for provisional measures in favor of Luis Enrique Uzcátegui Jiménez 23,
which were ordered on November 27, 200224 and are still in force.25
32.
In their brief of pleadings and motions, the representatives asked the Court to
“take judicial notice” of the file of provisional measures ordered in favor of Luis Enrique
19
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33,
para. 43 and Case of Kichwa Indigenous People of Sarayaku v. Ecuador, para. 43.
20
Cf. Case Cantoral Benavides v. Peru. Preliminary Objections. Judgment of September 3, 1998.
Series C No. 40, para. 30, and Case of Díaz Peña V. Venezuela. Preliminary Objection, Merits, Reparations
and Costs. Judgment of June 26, 2012. Series C No. 244, para. 33.
21
Article 26 of the Court’s Rules of Procedure.
22
Cf. Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of January 28, 2009. Series C No. 195, para. 99 and Case of Apitz Barbera et al. (“First Court for
Administrative Matters”) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of
August 5, 2008. Series C No. 182, para. 14.
23
Articles 63(2) of the Convention and 25 of the Court’s Rules of Procedure, then in force.
24
Cf. Matter of Luis Uzcátegui and relatives regarding Venezuela. Provisional Measures. Order of the
Court of November 27, 2002.
Available at http://www.Corteidh.or.cr/docs/medidas/Uzcátegui_se_01.pdf
25
Through the Orders of February 20, 2003, December 2, 2003, May 4, 2004 and January 27, 2009,
the Court extended and ratified the Provisional Measures regarding Luis Uzcátegui and family members.
Available at http://www.Corteidh.or.cr/docs/medidas/Uzcátegui_se_02.pdf
http://www.Corteidh.or.cr/docs/medidas/Uzcátegui_se_03.doc
http://www.Corteidh.or.cr/docs/medidas/venezuela_se_016.doc
http://www.Corteidh.or.cr/docs/medidas/Uzcátegui_se_04.doc
9