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intention of the State’s objections is to discredit the probative value of the
statements made by the alleged victims in these proceedings. Basically, the State
indicates that they differ from their previous statements before the domestic legal
system; that two alleged victims were not eyewitnesses to specific events about
which they testified, and that they refer to facts that are not part of the purpose of
this case. The Court considers that these objections do not contest the
admissibility of said evidence, but rather intend to question its probative
significance. Taking the foregoing into account, the Court admits said statements;
nevertheless, their probative value will be considered only insofar as they
correspond to the purpose defined by the President of the Court (supra para. 28),
taking into account the entire body of evidence, the State’s observations, and the
rules of sound judicial discretion.
54.
With regard to the testimony of Mrs. Gutiérrez Moreno, the State indicated
that “only 17 lines of its 10 pages refer to the [present case] and they contain
subjective opinions.” It added that “[t]he deponent refers to a series of situations
that, apart from being mere subjective opinions, bear no relationship whatsoever
to the case [sub judice].” Hence, “[i]f positive consideration is given to the
deponent’s assertions, it would seriously modify the legal grounds for the action of
the Inter-American Commission and of the Court itself, because it would unduly
alter the context with facts on which a ruling should also be made” by the Court.
Mexico asked the Court to reject this entire testimony, “based on the assessment
of situations other than the ones that the Court is examining,” which do not bear a
“direct relationship to the case under litigation.”
55.
As to the testimony of Mrs. Eugenio Manuel, among other aspects, the
State observed that “the second part of her testimony […] mentions the alleged
acts of harassment and threats that gave rise to the provisional measures [related
to the present case],” but which are not part of the contentious case. In the
State’s opinion, “the witness attempts to stress facts that bear no
phenomenological relationship to the facts on which the litis of the case has been
established,” and which cannot be considered supervening. On the other hand, it
also indicated that “there is no evidence that the ministerial authorities of Ayutla
de los Libres refused to process the complaint filed by Mrs. […] Fernández Ortega
immediately.” To the contrary, the record of March 24, 2010, which is in the case
file before the Court, indicates that the criminal complaint for the offense of rape
was received immediately, without any problems. Consequently, the State denied
“the witness’s assertion that there had been an unjustified delay by the agent of
the [P]ublic [P]rosecutor’s Office when the criminal complaint was filed.”
56.
In addition, Mexico indicated that the testimony of Mr. Ramírez Rodríguez
“did not provide any new elements to those already supplied by [the alleged
victims]” and that, to the contrary, it refers to “a series of circumstances and facts
that have nothing to do with the [present case].” Based on the foregoing, it asked
that the entire declaration be rejected.
57.
As for the testimony of Mr. Lugo Cortés, the State indicated that part of it
“is in conformity with the acknowledgement made by the State as regards some
irregularities” committed by the authorities in the provision of health care and the
search for justice in this case. On the other hand, “[a]nything related to the
functioning of the other agencies is not an aspect of the [litis] of this case.”
58.
The Court notes that the State contested some of the testimonial
statements, principally on the basis that the witnesses refer to facts that are
outside the purpose of this case, or that there is evidence that contradicts their
affirmations. These observations refer to the merits of the dispute; therefore, in
the corresponding section of the Judgment, the Court will assess these statements
by the witnesses insofar as they correspond to the purpose defined by the