in the aforementioned article of the Rules, namely, force majeure, serious impediment,
or if it concerns a fact that occurred after the cited procedural moments. 18 In this
regard, the Court notes, on the one hand, that the representative did not justify the
presentation of the documents attached to the alleged victim’s statement and, on the
other hand, that some of the documents attached to the statement concern the alleged
victim’s claims for reparation. This Court does not admit these documents19 owing to
their untimely submission.
41.
In addition, the representative submitted four annexes together with his final
written arguments, namely: again, Annexes 1 and 2,20 which had already been declared
inadmissible, as well as Annex 3 (summary of the case scenario of Cap. Grijalva Bueno
Vicente Aníbal) and Annex 4 (photograph of the certificate of accreditation as a “national
hero” granted by the Council of Citizen Participation and Social Control). The
Commission did not submit any observations. For its part, the State argued in its
observations that “it goes without saying that Annexes 1 and 2 are inadmissible,” that
Annex 3 is related to reparations, that it has been established that the procedural
opportunity has expired and that Annex 4 refers to a fact that is outside the factual
framework, and therefore should not be considered by the Court. Regarding the four
documents whose admissibility was challenged by the State, the Court confirms that
Annexes 1 and 2 had already been presented and declared inadmissible, a decision that
is upheld. With respect to Annexes 3 and 4, this Court considers that these documents
are not admissible because they relate to the alleged reparations in this case and,
therefore, were presented extemporaneously.
B.
Admission of the alleged victim’s statement and expert evidence
42.
In relation to the affidavit of Mr. Aníbal Vicente Grijalva Bueno, in its final
arguments the State claimed that the alleged victim’s statement exceeded its purpose,
because in several parts of it he refers to facts and situations unrelated to the instant
case, as well as to his claims for compensation. The State added that in the remainder
of his statement, the alleged victim recounted, on the one hand, the administrative
process of discharge that was conducted against him, regarding which the State has
acknowledged its international responsibility, and on which there is no dispute, and on
the other hand, the criminal proceeding conducted in the military jurisdiction, with
Cf. Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs. Judgment of October 13,
2011. Series C No. 234, para. 22, and Case of Casa Nina v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 24, 2020. Series C No. 419, para. 37.
19
Namely: 1) settlement for time of service in the Social Security Institute of the Armed Forces (ISSA);
2) letter requesting certification of contributions made to the ISSFA of July 21, 2010; 3) Official letter No.
100214-ISSFA-e1 of August 23, 2010; 4) Official letter No. PVPB-010 of May 13, 2010; 5) certificate of
discounts to CPFG of the “National Navy” of November 15, 1995; 6) Income receipt N0. 85, Housing
Cooperative “Armada Nacional” Housing Cooperative, June 2, 1992; 7) Ownership certificate, Ecuadorian
Navy, “Punta Barabdua” Housing Program; 8) Circular No. PVPB-005-0 of August 23, 1990, Ecuadorian Navy,
“Punta Barabdua” Housing Program; 9) Deed of purchase and sale, September 22, 1992, 25th Notary of the
Canton of Guayaquil, and various documents of the Municipality of Guayaquil; 10) Details of loss of income
from house rental at present value considering the annual inflation rate; 11) Birth certificates of Alex Vicente,
Jennifer Zulay, Stefano Martín and Jamileth Adriana, all with the surnames Grijalva Ycaza, issued by the Civil
Registry of Guayaquil, on December 19, 2019; 12) Details of operating expenses of Captain Vicente Aníbal
Grijalva Bueno; 13) invoice from Cleveland Clinic Florida (19 documents), United States of America, October
18, 2019; 14) medical certificate issued by Dr. Mario Sandoval E., medical psychiatrist of October 28, 2019
for treatment provided to Mrs. María Dolores Ycaza Columbus, and 15) Photos of July 16, 2020, showing
evidence of the removal of a plaque with a public apology.
20
The representative submitted two annexes with the observations to the preliminary objection and
partial acquiescence, namely: Annex 1, “Brief list of persons involved in human rights violations against
Captain Vicente Grijalva Bueno,” and Annex 2 referring to the “Table of compensation values in the cases of
Mejía Idrovo v. Ecuador and Flor Freire v. Ecuador.” These were not admitted on this occasion, pursuant to
the communication of this Secretariat of August 7, 2021.
18
12