19
63. The State also argued that the brief of final pleadings by the Inter-American Defenders
was time-barred, as it had been submitted after the final deadline of June 30, 2014. The Court
notes that the records of the Court Registrar’s email server show that the Inter-American
Defenders did in fact submit their brief within the term defined in the president’s order of April
10, 2014 (supra par. 12), but to an alternate Court email address. When they discovered this
situation the next day, the Inter-American Defenders resubmitted their brief to the Court’s
primary email.
64. The Court recalls that this is an international proceeding and requires the submission by
electronic means of a considerable volume of information; Articles 28 and 33 of the Court’s
Rules of Procedure allow the use of this medium, and the material was in fact submitted within
the allotted time frame, and therefore it will admit the brief of final pleadings by the
representatives and hold them to have been received within the term established in Article
28 of the Court’s Rules of Procedure.57
65. The Court, moreover, will allow statements delivered during the public hearing and by
affidavit only insofar as they meet the purpose defined by the president of the Court in the
summons issued by Court order (supra par. 10).
66. With specific reference to the expert testimony given by Miguel Lovatón, the State has
asserted that “it is riddled with references to rules, regulations, verdicts and internal
documents of the State of Peru […] and the State of Argentina […] – matters unrelated and
foreign to inter-American public order in the field of human rights, [and that he himself]
expressed opinions on the analysis of the case, thus seriously overstepping the purpose of
this expert testimony.” The State therefore asked the Court to “withhold the following points
from its consideration: (c) models of military justice, (f) circumscription of military crimes or
crimes committed in the line of duty and (g) inter-American standards and Argentine military
justice as expounded in the expert report produced by the [Commission] because it exceeded
the purpose of the expert testimony and is unrelated to matters of international public order.”
67. The Court replies that the State’s remarks address the content of the expert opinion and
therefore do not detract from its admissibility, but in any case, they will be taken into account
when the Court weighs the statement alongside the full body of evidence. With respect to the
argument that the expert witness did not limit his opinion to the purpose set forth in the order
of the president, the Court will weigh the content of the expert statement insofar as it serves
the purpose for which the expert was summoned. 58
C.
Weighing the evidence
68. Based on the provisions of articles 46, 47, 48, 50, 51, 57 and 58 of the Rules of
Procedure and on its jurisprudence constante regarding evidence and how it is assessed, 59
the Court will examine and weigh the evidentiary documentation adduced by the parties and
the Commission within the procedural time-limits and the expert opinions given via sworn
57
Cfr. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, par. 37 and 39, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and
Costs. Judgment of October 24, 2012, Series C No. 251, par. 21.
58
Cfr. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of
June 30, 2009. Series C No. 197, par. 42, and Case of Veliz Franco et al. v. Guatemala. Preliminary Objections,
Merits, Reparations and Costs. Judgment of May 19, 2014. Series C No. 277, par. 60.
59
Cfr. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 25, 2001. Series C No. 76, par. 51, and Case of Tarazona Arrieta et al. v. Peru. Preliminary Objections, Merits,
Reparations and Costs. Judgment of October 15, 2014. Series C No. 285, par. 28.