refer to evidence that permits them to explain, contextualize, clarify or dismiss what has
been mentioned in the Report on Merits or to respond to the claims made by the other
party, based on their arguments and the evidence they offer to support these, without
affecting procedural fairness or the principle of adversarial proceedings, given that the
parties are granted procedural opportunities to respond to these arguments at all stages of
the process.19
14.
As to the newspaper articles20 and audio-visual material21 submitted by the parties
and the Commission along with their various briefs, the Court considers these may be
assessed when they refer to well-known public facts or statements by State officials, or
when they corroborate aspects related to the case. Thus, the Court decides to admit those
newspaper articles that are complete, or at least those whose source and publication date
can be verified, and shall assess them according to the body of evidence, the observations
of the parties and the rules of sound judgment,22 and shall be examined in the
corresponding paragraphs (infra Chap. V – Proven Facts).
15.
Similarly, in a communication dated September 5, 2013, based on Article 58(b) of
the Court’s Rules of Procedures, the Court asked the State to forward specific information
on: i) the investigations undertaken following the murder of Mr. Oscar Aurelio Rodríguez
Molina; ii) the status of the execution of the arrest warrant against Mr. Ítalo Iván Lemus
Santos, and iii) any procedure or mechanism for claiming the State’s non-contractual
responsibility to which the victims could have had recourse for the alleged lack of
guarantees of the right to life of Mr. Carlos Luna. In this regard, on September 12, the State
submitted the requested information and on September 24, the representatives and the
Commission presented their respective observations. Subsequently, on October 1, 2013,
the Court received the additional documentation from the State regarding the investigations
into the murder of Mr. Oscar Aurelio Rodríguez Molina. On October 7, 2013, the
representatives and the Commission submitted their observations on the additional
documentation. In this regard, the representatives indicated, inter alia, that the submission
19
Cf. Mutatis mutandis, Case of “Five Pensioners” v. Peru. Merits, Reparations and Costs. Judgment of February
28, 2003. Series C No. 98, para. 155, and Case of Barrios Family v. Venezuela. Merits, Reparations and Costs.
Judgment of November 24, 2011, para. 32.
20
Newspaper articles: a) articles published in the newspaper El Heraldo of March 7, 1998, entitled, “In
Catacamas: Olancho, Members of the municipality testify against lumber merchants” (File of attachments to the
Report on Merits, page 449); b) article published in the newspaper El Heraldo on March 7, 1998, entitled, “I will
continue to report predators of the forest: Mayor of Catacamas” (File of attachments to the Report on Merits, page
450); c) article published in the newspaper La Tribuna on July 2, 2008, entitled, “Chango” Rosa was murdered to
settle a personal score (File of attachments to the Report on Merits, pages 703 to 704); d) article published in the
newspaper La Tribuna on May 19, 2008, entitled, “10 years after his death, the crime against Carlos Luna remains
unpunished” (File of attachments to the Report on Merits, pages 706 to 707); e) article published in the
newspaper La Tribuna on April 29, 2008, entitled, “Italo Iván pleads innocent and claims he did not know Luna”
(File of attachments to the Report on Merits, pages 708 and 709); f) article published in the newspaper La
Tribuna on April 29, 2008, entitled, “Deported from the US, the suspect in the death of Carlos Luna is returned”
(File of attachments to the Report on Merits, pages 710 and 711); g) article published in the newspaper La Tribuna
on May 21, 1998, entitled, “’No to the culture of death,’ crowds demand at the burial of Carlos Luna” (File of
attachments to the brief of pleadings and motions, page 4633); h) article published in the newspaper La Tribuna
on June 13, 1998, entitled, “Crowd demands that Luna’s death does not go unpunished,” (File of attachments to
the brief of pleadings and motions, page 4637); i) article published in the newspaper El Periódico on September 18,
1998, entitled, “Carlos Luna’s family seeks justice” (File of attachments to the brief of pleadings and motions, page
4639), and j) article published in the newspaper El Heraldo on September 18, 1998, entitled, “Assistance sought
for Flores to solve Luna’s murder” (File of attachments to the brief of pleadings and motions, page 4641).
21
Transcript and audio of the interview with Carlos Luna López on the radio program, Estamos a Tiempo
(File of attachments to the Merits Report, pages 452 and 453), and transcript and audio of the interview with
Carlos Luna López on the program Sucesos de la Voz de Olancho, on the radio station La Voz de Olancho on April
17, 1998 (File of attachments to the Report on Merits, pages 454 to 457).
22
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 146 and Case of Suárez Peralta, supra, para. 33.
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