42
veracity were not contested. The Court therefore adds them to the body of evidence,
in keeping with Article 45(1) of the Rules of Procedure.
119. The Court considers useful for deciding this case the documents presented by
the State and the representatives during the public hearing on September 22 and
23, 2005 (supra para. 43), as well as other documents presented as attachments to
their respective final argument briefs (supra paras. 47 and 49); particularly, as they
were not contested or opposed and their authenticity and veracity were not
contested, The Court therefore adds them to the body of evidence, in keeping with
Article 45(1) of the Rules of Procedure.
120. Regarding the documents forwarded as useful evidence by the State and the
representatives on October 24 and 25, 2005 (supra paras. 47 and 49), respectively,
and also those forwarded on June 28 and 29, 2006, by the State and the
representatives (supra para. 52), respectively, the Court incorporates them into the
body of evidence in this case in application of the provisions of Article 45(2) of the
Rules of Procedure.
121. In relation to both merits and reparations, the statements of the alleged
victims, as well as those of their next of kin, are useful to the extent that they can
provide more information on the alleged violations that may have been perpetrated
and their consequences. However, since the alleged victims or their next of kin have
a direct interest in this case, these statements must be assessed together with all
the evidence in the case and not in isolation.33
122. In the case of the newspaper articles submitted by the parties, the Court
considers that they can be assessed to the extent that they refer to well-known
public facts or statements by State officials, or corroborate aspects related to the
case.34
123. In application of the provisions of Article 45(1) of the Rules of Procedure, the
Court incorporates into the body of evidence in the instant case, the following
evidence already assessed in the “Mapiripán Massacre” case, because it is useful to
decide this case: Act 48 of December 16, 1968, Legislative Decree No. 3398 of
December 24, 1965, and Decrees Nos. 0180 of January 27, 1988, 0815 of April 19,
1989, 1194 of June 8, 1989, 3030/90 of December 14, 1990, 2266 of October 4,
1991, 324 of February 25, 2000, 128 of January 22, 2003, 3360 of November 24,
2003, 2767 of August 31, 2004, and 250 of February 7, 2005; and Acts 387 of July
18, 1997, 200 of 1995, 548 of December 23, 1999, 782 of December 23, 2002, and
418 of December 26, 1997; the judgments of March 17, 1998, issued by the
Superior Military Tribunal; May 25, 1989, delivered by the Supreme Court of Justice;
April 14, 1998, issued by the Tribunal Nacional; May 28, 1997, delivered by the
Cúcuta Regional Court; C-225/95 of May 18, 1996, delivered by the Colombian
Constitutional Court; all in Colombia; the report of the United Nations Special
Rapporteur on summary or arbitrary executions on a visit to Colombia from October
11 to 20, 1989 (E/CN.4/1990/22/Add.1 of 24 January 1990); and the reports of the
33
Cf. Case of Baldeón García, supra note 5, para. 66; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 37; and Case of Acevedo Jaramillo et al., supra note 12, para. 203.
34
Cf. Case of Baldeón García, supra note 5, para. 70; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 45; and Case of Acevedo Jaramillo et al., supra note 12, para. 199.
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