State responded to the questions raised by the judges during the public hearing (supra
para. 10), as well as to the request for helpful evidence made by the President of the
Court in notes of the Court’s Secretariat dated March 8, 2011 (supra para. 11). The
Commission did not present all the information requested by the President of the Court
in the said note of the Secretariat. These briefs were forwarded to the parties, who were
given the opportunity to present any observations they deemed pertinent on the
information and attachments forwarded in response to the requests for helpful evidence
by the Court and its President (supra paras. 10 and 11).
13.
On April 25, 2011, the Commission submitted its observations on new
information and documents sent by the other parties, some of which had been requested
by the President of the Court as helpful evidence (supra paras. 10 and 11. The
representatives forwarded their observations on April 25 and May 13, 2011, while the
State submitted them on May 6 and 13, 2011. Together with their observations, the
representatives and the State forwarded certain new information and documentation in
relation to the alleged victims in this case and, consequently, the parties were allowed to
present any observations they deemed pertinent. On June 15, 2011, the Commission,
the representatives and the State presented their respective observations.
14.
On September 23, 2011, the President of the Court asked the Inter-American
Commission, the representatives and the State to submit specific information and
documentation regarding the determination of the alleged victims, as well as in relation
to the evidence provided on the latter. The representatives and the State presented the
requested information on September 29, 2011. The Inter-American Commission
responded to this request on October 7, 2011, but did not refer to all the information
that the President of the Court had required.
III
COMPETENCE
15.
The Inter-American Court is competent to hear this case, under Article 62(3) of
the Convention, because Uruguay has been a State Party to the American Convention
since April 19, 1985, and accepted the compulsory jurisdiction of the Court on the same
date.
IV
EVIDENCE
16.
Based on the provisions of Articles 46, 47 and 50 of the Rules of Procedure, as
well as on its case law concerning evidence and its assessment,11 the Court will examine
and assess the documentary probative elements forwarded by the parties on different
procedural occasions, as well as the testimony and the expert opinions given by means
of affidavits and at the public hearing before the Court, as well as the helpful evidence
requested by the Court or its President (supra para. 12). To this end, the Court will
abide by the principles of sound judicial discretion within the corresponding legal
framework.12
A.
Documentary, testimonial and expert evidence
11
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8,
1998. Series C No. 37, paras. 69-76; Case of del Penal Miguel Castro Castro v. Peru. Merits, reparations and
costs. Judgment of November 25, 2006. Series C No. 160, paras. 182-185, and Case of Almonacid Arellano et
al. v. Chile. Preliminary objections, Merits, reparations and costs. Judgment of 2September 6, 2006. Series C
No. 154, paras. 66-70.
12
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 11, para. 76; Case of
Contreras et al. v. El Salvador. Merits, Reparations and Costs. Judgment of August 31, 2011. Series C No. 232,
para. 29, and Case of López Mendoza v. Venezuela. Merits, reparations and costs. Judgment of September 1,
2011. Series C No. 233, para. 15.
6