were allowed to present their observations. Considering them useful to decide this case, the Court
admits the documents provided by the State and the representative during the public hearing as
evidence under Article 58 of the Rules of Procedure, and will consider any relevant information they
contain taking into account the whole body of evidence, the observations of the parties, and the
rules of sound judicial discretion.
45.
The State and the representative also presented certain documentation together with their
final written arguments and also on two subsequent opportunities, in response to requests for
helpful information and evidence by the judges of the Court at the end of the public hearing in this
case, and by the acting President (supra paras. 10 to 13). The admissibility of the information and
documentation requested was not contested, nor was its authenticity or veracity challenged.
Consequently, pursuant to Article 58(b) of the Rules of Procedure, the Court finds it appropriate to
admit the documents provide by the representative and the State that were requested by the
Court’s judges or its President as helpful evidence. This information and documentation will be
assessed in the context of the body of evidence and according to the rules of sound judicial
discretion.
46.
Despite the foregoing, this Court notes that the representative contested the admissibility of
certain evidence provided by the State in its brief of June 24, 2013, with helpful explanations,
documentation and evidence (supra para. 12), considering that this had not been requested by the
Court’s judges. She also objected to arguments included in this brief “which should have been
presented with its final arguments.” The Commission also noted that, in its brief of June 24, 2013,
the State had “incorporate[d] legal arguments that […] should have been presented, at the latest,
with the final arguments brief, and not on the additional occasion granted by the Court.” The Court
notes that the State did present a timetable of facts and new evidence in that regard that had not
been requested by the Court’s judges. In this regard, the State indicated that “in order to help
decide this dispute, [it was presenting] a timetable of the facts of the case, based on information in
the case file before the Inter-American Court and new information identified by the Peruvian State
when seeking information to respond to the questions posed by the Court’s judges.” This Court
considers that, even though the said arguments and evidence had not been requested, they may be
useful to decide this case, because they help give context to other evidence provided to the case
file, and explain some of the parties’ arguments. The Court also notes that the representative and
the Commission were able to present their observations on the said arguments and evidence.
Therefore, pursuant to Article 58(a) of the Rules of Procedure and having granted the parties the
opportunity to submit observations (supra para. 13), the Court finds it in order to admit those
documents that are relevant for the analysis of this case, and they will be assessed in the context of
the body of evidence and according to the rules of sound judicial discretion.
47.
The Court also notes that, in their briefs with observations on the helpful evidence, both the
representative and the State included general observations on the final arguments of the opposing
party and, in the case of the State, also on the final written observations of the Commission (supra
para. 13). This Court points out that, when granting the parties a time frame for presenting
observations on “the helpful information, explanations and documentation” in the Secretariat’s
notes of July 5, 2013, the parties and the Commission were advised that this period did “not
constitute a new procedural opportunity to expand their arguments.” The Court notes that the
presentation of observations on the final written arguments of the parties is not contemplated in the
Court’s Rules of Procedure and was not requested by the Court in this case. Therefore, the Court
considers that neither the observations of the representative on the final written arguments of the
State, nor the general observations of the State on the final written arguments of the representative
and on the final written observations of the Commission, all included in briefs dated July 17, 2013,
are admissible.
48.
Lastly, the Court takes note that, with her motions and arguments brief, the representative
forwarded the expert opinion of Ana Deutsch and the statement of J.’s mother, both provided by
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