B) Admission of the evidence
B.1. Admission of documentary evidence
54.
In this case, as in others, the Court admits those documents forwarded by the
parties and the Commission at the appropriate procedural stage (supra paras. 1, 5 and 6)
that have not been contested or challenged, and whose authenticity has not been
questioned. 48 The documents requested by the Court and provided by the parties after the
public hearing, have been included in the body of evidence, in application of Article 58 of
the Rules.
55.
Regarding the newspaper articles submitted by the Commission 49 and the
representatives 50, the Court has considered that these may be assessed when they refer
to well-known public facts or declarations by State officials, or when they corroborate
certain aspects of the case. The Court therefore decides to admit those newspaper articles
that are complete, or at least those whose source and date of publication can be verified,
and will assess them taking into account the body of evidence, the observations of the
parties and the rules of sound judgment. 51
56.
Similarly, with regard to certain documents referred to by the parties and the
Commission by means of their electronic links, the Court has established that, if a party
provides at least the direct electronic link to the document cited as evidence, and it can be
accessed until the respective Judgment is issued, legal certainty and the procedural
balance will not be affected, because it can immediately be located by the Court and the
other parties. 52
57.
With respect to the proper procedural stage for submitting documentary evidence,
in accordance with Article 57(2) of the Rules this must be presented, in general, together
with the brief submitting the case, the pleadings and motions brief or the answer brief, as
appropriate.
58.
Notwithstanding the foregoing, in the course of the public hearing (supra para. 8)
the expert offered by the Inter-American Commission, Ms. Hina Jilani, presented three
documents 53 related to her expert opinion, while the representatives submitted various
documents with their final written arguments. Copies of said documents presented by
expert Hina Jilani and by the representatives were distributed to the parties and to the
Commission, so that they could submit their observations. 54 Because it considers these
documents to be necessary for the settlement of this case, under the terms of Article 58 of
48
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 140, and Case of Norín Catrimán et al. (Leaders,
members and activist of the Mapuche Indigenous People) v. Chile, supra, para. 54.
49
The press reports presented by the Commission include the following: Prensa Libre, “Unsung Hero
Murdered”, December 22, 2004, and “Public tribute to social work of 19 unsung heroes”, 21 November 2002;
Nuestro Diario, “In Cruce de la Esperanza, [A.A.] helps his community, July 21, 2003; and Prensa Libre, “The [A
family] continue to be persecuted,” January 30, 2005 (File of attachments to submission brief, pages 1385, 1391
and 1394).
50
The press reports presented by the representatives are the following: Prensa Libre, “Tribute to 19 Unsung
Heroes”, November 21, 2002; Prensa Libre, “Public tribute to social work of 19 unsung heroes”, 21 November 2002;
Nuestro Diario, “In Cruce de la Esperanza, [A.A.] helps his community, July 21, 2003; Prensa Libre, “The [A family]
continue to be persecuted,” January 30, 2005; Prensa Libre, “Unsung Hero Murdered”, December 22, 2004; Prensa
Libre, “25 complaints filed for investigation of disappearances”, January 30, 2005; and Prensa Libre, Línea directa,
“No leisure area”, December 22, 2002 (File of attachments to the brief of pleadings and motions, pages 2096, 2097,
2098, 2124, 2128, 2126, 2197 and 2264).
51
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 146, and Case of Norín Catrimán et al. (Leaders,
members and activist of the Mapuche Indigenous People) v. Chile, supra, para. 58.
52
Cf. Case of Escué Zapata v. Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C
No. 165, para. 26, and Case of Norín Catrimán et al. (Leaders, members and activists of the Mapuche Indigenous
People) V. Chile, supra, para. 59.
53
The following documents were submitted: i) Statement by Hina Jilani, Former Special Representative of the
United Nations Secretary-General on Human Rights Defenders, in the case of [Human Rights Defender et al.] v.
Guatemala; ii) Promotion and Protection of Human Rights - Human Rights Defenders: Report by Ms. Hina Jilani,
Special Representative of the Secretary-General on the situation of human rights defenders, submitted pursuant to
Commission on Human Rights Resolution 2000/61- Addendum- Mission to Guatemala, and iii) "Promotion and
Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to
Development: Report of the Special Representative of the Secretary-General on the situation of human rights
defenders Hina Jilani Addendum- Mission to Guatemala (Merits file, pages 790 to 916).
54
The State objected to the presentation of these reports because they were not submitted at the appropriate
procedural moment and were not requested by the Court.
17