25
77.
Moreover, the Tribunal admits other documents into the body of evidence, in
application of Article 47(1) of the Rules of Procedure, upon considering them useful
for the determination of the case at hand.56
78.
Moreover, together with the observations to the preliminary objections, the
Commission attached a compact disc containing the recording of the hearing held
before said body on March 13, 2006. In addition, the State forwarded, in the final lists
of deponents, a copy of Law 19 of May 3, 2010, related to the Organization System of
the Ministry of Interior. Finally, during the public hearing, expert witness Flores
Torrico, who presented his expert opinion, delivered copies of such expert opinion,
which were distributed among the parties. Upon considering them useful for the
determination of the instant case, pursuant to Articles 46(2), 46(3) and 47 of the
Rules of Procedure, the Tribunal decides to admit such evidence into the body of
evidence of the instant case.
79.
Finally, the representatives and the State forwarded different documents as
evidence, which were requested by the Tribunal based on the provisions of Article
47(2) of the Court's Rules of Procedure,57 for which purpose the Court admits them
and they shall be assessed as appropriate according to the body of evidence, the
observations of the parties, and the rules of sound judgment.
80.
In relation to the documents presented by the representatives referring to
costs and expenses, the Tribunal will only consider those documents submitted in the
final written arguments that refer to the new costs and expenses incurred in the
proceeding before this Court, that is to say, those incurred after the brief containing
pleadings and motions.
3.
Assessment of the statements of the alleged victim, of the
testimonial and expert evidence
81.
The Court shall assess the testimonies and expert opinions rendered by the
witnesses and expert witnesses at the public hearing and in sworn statements, when
they are in keeping with the purpose defined by the President in the Order requiring
56
IACHR, Second Progress Report of the Rapporteur on Migrant Workers and Members of their
Family
in
the
Hemisphere,
OEA/Ser./L/V/II.111doc.
20
rev;
April
16,
2001
(http://www.cidh.oas.org/Migrantes/migrantes.00sp.htm#DETENCI%C3%93N); Criminal Code, in force as
of June, 2009, Adopted by Law 14 of 2007, with the modifications and additions introduced by the Law 26,
2008, promulgated on June 9, 2008 (http://www.asamblea.gob.pa/busca/legislacion.html); High
Commissioner of the United Nations for Refugees, Background Document, “Refugee Protection and
International Migration in the Americas: Trends, Protection Challenges and Responses," 2009
(http://www.unhcr.org/refworld/docid/4c59329b2.html), and European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, Second General Report, 1992
(http://www.cpt.coe.intlen/annual/rep-02.htm).
57
In particular, they were requested to refer to and, if applicable, forward evidentiary support
documentation:
a) the alleged “generalized context of discrimination and criminalization of immigration in order to reduce
the migration flows of Panama, specially of those illegal migrants”.
b) the premises where the State confined, in the year 2002, in all the country, the migrants arrested
pursuant to Decree Law 16 of 1960 and the premises where the State confines the people arrested for
immigration reasons.
c) the real effectiveness of the domestic remedies existing at the time of the events in relation to the
specific arrest conditions of Mr. Vélez Loor.
d) the possibilities of real availability of a telephone or other means of communication, free of charge and
of the information about the consulates existing in the Republic of Panama at the time of the events, both
at La Palma detention center and at La Joya-Joyita prison.
e) the judgment issued by the Supreme Court of Justice of Panama on December 26, 2002 in which it was
ordered the lawfulness of placing the foreigners punished by the application of article 67 of Decree Law 16,
1960 in the centers of the national penitentiary system different from the Coiba prison island.
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