15 54. Before making the assessment, the Court will examine the State’s allegation that the evidence presented by the representatives with the pleadings and motions brief was timebarred (supra paras. 26 and 30). A. Evidence presented by the representatives in their pleadings and motions brief 55. First, with regard to the State’s argument concerning the failure of the representatives to comply with the time limits established in Articles 26(1) and 36(1) of the Rules of Procedure,32 the Court considers it necessary to clarify that the original application brief and its attachments were received by Justiça Global on February 11, 2008. That is the date of notification of the application as of which the two-month period stipulated in Article 36 of the Rules of Procedure should be calculated.33 Thus, by presenting their pleadings and motions brief on April 11, 2008,34 via facsimile and by e-mail, the representatives submitted it to the Court on the last day of the established period. This brief was forwarded to the State immediately and the State received it on April 17, 2008.35 Consequently, the Court concludes that the representatives complied with the time limit established in Article 36(1) of the Rules of Procedure. 56. Regarding the attachments, the representatives sent some of them by mail on April 18, 2008, with the original pleadings and motions brief.36 Given the delay in the reception of these documents and the President’s request that they be submitted as soon as possible,37 the representatives forwarded another copy of the original pleadings and motions brief and two attachments, by courier, and the Court received those documents on May 16, 2008.38 The documents were received by the State on May 20, 2008, and, on the same date, the State was notified that the President had granted it, ex officio, an extension until July 11, 2008, to present its brief answering the application.39 On May 20, 2008, the Court received the documentation forwarded by the representatives by regular mail on April 18, 2008, with the original pleadings and motion brief and five of the eleven attachments listed in the text. Two of these attachments had already been submitted by the representatives with their brief of May 16, 2008.40 The Court forwarded the representatives’ original brief and the attachments to the State, which received them on May 23, 2008. In addition, the Court 32 Articles 26(1) and 36(1) of the Rules of Procedure applicable to this case establish: Article 26. Filing of briefs 1. The application, the reply thereto, the written brief containing pleadings, motions, and evidence, as well as any other written material addressed to the Court, may be presented in person, by courier, facsimile, telex, mail or any other method generally used. When any such material is transmitted to the Court by electronic means, the original documents, as well as accompanying evidence, shall be submitted within seven days. Article 36. Brief with pleadings, motions and evidence 1. When the application has been notified to the alleged victim, his next of kin or his duly accredited representatives, they shall have a period of two months, which may not be extended, to present autonomously to the Court their pleadings, motions and evidence. 33 Cf. Note of the Secretariat CDH-12,478/033 of June 9, 2008 (merits file, tome I, folio 657). 34 Cf. Note of the Secretariat CDH-12,478/019 of April 17, 2008 (merits file. tome I, folio 467). 35 Cf. Note of the Secretariat CDH-12,478/021 of April 17, 2008 (merits file, tome I, folio 470). 36 Cf. Communication of the representatives JG/RJ No. 075/08 of May 5, 2008 (merits file, tome I, folios 480 and 481). 37 Cf. Note of the Secretariat CDH-12,478/023 of May 6, 2008 (merits file, tome I, folio 482). 38 Cf. Communication of the representatives JG/RJ No. 064/08 of April 11, 2008, received by the Court on May 16, 2008, and note of the Secretariat CDH-12.478/026 of May 20, 2008 (merits file, tome I, folios 489 and 554). 39 Cf. Note of the Secretariat CDH-12,478/028 of May 20, 2008 (merits file, tome I, folio 567). 40 Cf. Note of the Secretariat CDH-12,478/029 of May 23, 2008 (merits file, tome I, folio 633).

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