26
them and the object of the present case, bearing in mind the observations of the
parties.
82.
The statement of the alleged victim is useful insofar as it can provide
additional information on the violations and their consequences.58 However, because
it has a direct interest in this case, such statement will be assessed together with all
the evidence in the proceedings.59
83.
The Court notes that the representatives and the State presented their
observations to the affidavits on August 24, 2010. Moreover, on that same date, the
Commission stated that it did not have observations to submit regarding the sworn
statements forwarded.
84.
As to the testimony of Mrs. Sharon Irasema Diaz, the State pointed out that
“apart from referring to the facts that she has personal knowledge of and the facts
she has knowledge of because of her functions, the statement so rendered contains a
series of opinions and considerations that, rather than a testimony, would constitute
an expert opinion given that it refers to opinions derived from the special knowledge
or expertise of the deponent.”
85.
For their part, the representatives pointed out that “when assessing the
statements of witnesses Carlos Benigno González Gómez, Alfredo Castillero Hoyos,
and Roxana Méndez, [the Court] must take into account that they are public officials.”
In addition, they indicated that the statement of witness Luis Adolfo Corró Fernández
“is not related to the facts established in the application and [...] does not provide
relevant elements for the determination or scope of the measures of reparation that
the Court shall [...] eventually order, on the grounds that it refers to different
initiatives to reform the immigration law, which, in most cases, have not been
approved and therefore are not part of the Panamanian legal system.” As to the
statement of witness Alfredo Castillero Hoyos, they noted that, "most of the matters
narrated by the witness are not related to any of the facts of the case, both as to the
violations committed and to the aspects that could be brought before the Tribunal
regarding the scope of the reparations that should be ordered.” Moreover, they
indicated that witness Carlos Benigno González Gómez made statements that
exceeded the purpose defined, “when he referred not only to the deportation process
of Mr. Vélez Loor in the January, 2002, but also to proceedings conducted by the
Ecuadorian Consulate in Panama, when he had to only declare about the alleged
notification proceedings conducted.” Finally, in relation to the declaration of witness
Roxana Méndez de Obarrio, they pointed out that such declaration “is not related to
the detention conditions of the centers at which Mr. Vélez Loor was confined.”
86.
In this respect, the Court takes note of the objections and observations
presented by the State and the representatives; however, this Tribunal considers that
such arguments relate to a matter of evidentiary weight and not of admissibility of the
evidence.60 As a consequence, the Court admits the statements mentioned, without
prejudice to the fact that its evidentiary value may only be considered regarding the
matters that fit with the purpose timely defined by the President of the Court (supra
para. 8), taking into account the body of evidence, the observations of the parties and
the rules of sound judgment.
58
Cf. Case of the “White Van” (Paniagua Morales et al.), supra note 48, para. 70; Case of Ibsen
Cárdenas and Ibsen Peña, supra note 28, para. 47, and Case of Rosendo Cantú et al., supra note 27, para.
52.
59
Cf. Case of Loayza Tamayo v. Perú. Merits. Judgment of September 17, 1997. Series C No. 33,
para. 43; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 47, and Case of Rosendo Cantú et
al., supra note 27, para. 52.
60
Cf. Case of Reverón Trujillo, supra note 17, para. 43; Case of Manuel Cepeda Vargas, supra note
11, para. 57, and Case of Anzualdo Castro v. Perú. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 22, 2009. Series C No. 202, para. 28.
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