17
evidence, the Court may admit such evidence, provided that the opposing
parties are guaranteed the right of defense.
33.
During the course of the public hearing, the representatives submitted
certain documentation in relation to the controversies in this case.34 Since such
documentation was considered pertinent and useful to determine the facts of this
case and their possible consequences, pursuant to article 47 of the Rules of
Procedure, the Court decides to admit it.
34.
Likewise, also during the course of the public hearing, expert witness
Coronado Franco and expert witness Gutiérrez Hernández submitted their opinions
in writing.35 For their part, expert witness Gutiérrez Hernández submitted
documents supporting her expert opinion. For their part, expert witnesses Tramsen
and Gutiérrez Hernández submitted PowerPoint presentations supporting the
presentations made during the hearing.36 Such documents were distributed to the
parties. The Tribunal admits such documents insofar as they refer to the purpose
duly defined, because they are complementary and are framed within the
parameters of time and form of the purpose for which they were requested.
35.
On the other hand, both the State and the representatives submitted
documents together with their final written arguments. Some of them were
addressed to answer the questions made by the Tribunal as evidence to facilitate
adjudication of the case (supra para. 10), so they are included in the body of
evidence, as well as the observations made by the parties thereto. In turn, the
representatives submitted, among other documents, vouchers of expenses incurred
after the filing of briefs of pleadings and motions. Such evidence was submitted to
the State’s observations and its admission was not rejected; therefore, it is
included in the file.
36.
The representatives indicated that one of the exhibits submitted by the
State to its final written pleadings, related to an “identification card” of doctors
Christian Tramsen and Morris Tidball Binz, is submitted “untimely.” In this respect,
the Court admits such evidence upon considering it is useful and shall assess it
together with the rest of the body of evidence, particularly when assessing the
different allegations made by the State in relation to Mr. Tramsen’s expert opinion.
3.
Evaluation of depositions by the alleged victims, witness and
expert witness evidence
37.
As to the statements made by the alleged victims, the testimonies and
expert opinions offered at the public hearing and by means of affidavits, the Court
deems they are relevant to the extent they relate to the purpose defined by the
President of the Tribunal in the Order requiring them (supra para. 8) and together
with the other evidence of the body of evidence, taking into account the
observations made by the parties.37
34
There are several medical certificates mentioned in the cross-examination made by the
representatives of the alleged victims to expert witness Christian Tramsen, which were transmitted to
the parties by means of the minutes on document reception corresponding to the public hearing held on
August 26 and 27, 2010.
35
Cf. Minutes on document reception of August 27, 2010 corresponding to the public hearing held
in this case (record of merits, volume IV; folios 1667 and 1668).
36
37
Cf. Minutes on document reception of August 27, 2010, supra note 35, folios 1667 and 1668.
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C. Nº 33,
para. 43; Case of Rosendo Cantú et al v. Mexico, supra note 30, para. 50; Case of Ibsen Cárdenas and
Ibsen Peña v. Bolivia, supra note 30, para. 47.