20
merits of the case and the possible reparations as long as that they may provide
more information about the alleged violations and their consequences.11
67. As regards the expert testimonies rendered by expert witnesses María Dolores
Morcillo-Méndez and Viviana Frida Valz-Gen Rivera, proposed by the Commission
and the representatives of the victim and his next of kin, respectively, the Court
admits the same and weighs them as a whole together with the body of evidence
pursuant to the rules of sound judgment. In other cases the Court has admitted
statements that had not been sworn to before a Notary Public, whenever legal
certainty and procedural balance between the parties were not impaired.12
68. Likewise, the Court admits the expert report of José Pablo Baraybar-Do Carmo,
expert witness proposed by the representatives of the alleged victim and his next of
kin, which testimony has not been executed before a notary public, but the
signature on that report has been certified by the General Consular Office of Peru in
Rio de Janeiro, thus conforming to the purpose stated in Order of December 13,
2005 (supra para. 27) and weighs such report together with the body of evidence,
on the basis of sound judgment.
69. The Court considers that the Appendixes to the expert report rendered by
Viviana Frida Valz-Gen Rivera (supra para. 29), which have not been contradicted or
contested and whose authenticity has not been questioned, are useful; therefore,
the Court incorporates the same to the body of evidence, pursuant to Article 45(1)
of the Rules of Procedure.
70.
As regards the press articles submitted by the Commission, the Court has
considered that they could be taken into account if they make reference to matters
of fact that are apparent and publicly known or to statements made by public
officers, or else when they may corroborate aspects related to the instant case.13
71.
By virtue of the foregoing premises, the Court will assess, in the instant case,
the evidentiary value of the documents, sworn statements and expert reports
submitted by the parties. Furthermore, the evidence filed during all the stages of the
proceeding has been added to the body of evidence, which is considered as a whole.
VII
PROVEN FACTS
11
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 203; Case of López-Álvarez, supra note
6, para. 51; and Case of the Pueblo Bello Massacre, supra note 6, para. 69.
12
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 191; Case of García-Asto and Ramírez
Rojas, supra note 10, para. 92; and Case of Palamara-Iribarne, supra note 10, para. 57.
13
Cf. Case of Acevedo-Jaramillo et al, supra note 6, para. 199; Case López-Álvarez, supra note 6,
para. 49; and Case of the Pueblo Bello Massacre, supra note 6, para. 74.