13
objection filed by the State, and will therefore rule on the merits of the matter in the corresponding
section.
V
EVIDENCE
A. Admission of the documentary evidence
38. The Court received various documents presented as evidence by the Commission, the
representatives and the State, attached to their main briefs and as helpful evidence (supra paras. 6,
7, 8 and 14). In this case, as in others, 28 the Court admits those documents forwarded by the
Commission and the parties at the appropriate procedural opportunity (Article 57 of the Rules of
Procedure),29 together with those submitted by the State at the request of the Court as helpful
evidence, pursuant to Article 58(b), which were not contested or opposed30 and the authenticity of
which was not challenged. Nevertheless, it will offer some pertinent considerations.
39. Together with their final written arguments, the representatives forwarded three documents
and two videos related to the physical and mental health of Mr. Muelle Flores as well as some of the
expenses incurred. The Court notes that the State presented observations and objected to some of
the annexes forwarded by the representatives. However, this Court will refer only to the arguments
presented by the State regarding the admissibility of the documentary evidence. In this regard, the
State held that Annex I, concerning the certificate issued by the Air Force Hospital, “[was] blurred
and illegible” and lacked the formality of the “signature of the head of section of the F.A.P Central
Hospital.” The Court finds that the document is legible and that it is signed by the attending physician,
which it considers sufficient for its admission. Moreover, the document was issued after the
representatives’ pleadings and motions brief, in relation to a supervening fact. Consequently, the
Court admits this document, pursuant to Article 57(2) of its Rules of Procedure.
40. The State also argued that the representatives’ transcription of the text of the medical
certificate provided by the surgeon who performed the surgical intervention on Mr. Oscar Muelle
Flores’ femoral hip fracture, “[was] not of a formal nature, since it ha[d] not been transcribed and
signed by the attending physician; therefore, it was not an appropriate document.” In this regard,
the Court decides to admit the transcription of the representatives since it considers that its aim is
to clarify, in a reliable manner, the content of the official medical certificate enclosed in the evidence
forwarded by them, which includes the corresponding formalities.
B. Admission of the testimonial and expert evidence
41. The Court deems it pertinent to admit the testimony and expert opinions provided by affidavit,
only insofar as they are in keeping with the purpose defined by the President in the Order requiring
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 140, and Case of V.R.P., V.P.C. et al. v. Nicaragua,
supra, para. 59.
29
In general, documentary evidence may be presented in accordance with Article 57(2) of the Rules of Procedure,
together with the briefs submitting the case, the pleadings and motions brief or the answer brief, as applicable. Evidence
forwarded outside those procedural opportunities is not admissible, except in the circumstances established in Article 57(2)
of the Rules of Procedure (namely, force majeure, serious impediment) or if it involves a supervening fact, i.e. an event that
occurred after the procedural moments indicated. Cf. Case of Barrios Family v. Venezuela. Merits, reparations and costs.
Judgment of November 24, 2011. Series C No. 237, paras. 17 and 18, and Case of Colindres Schonenberg v. El Salvador.
Merits, reparations and costs. Judgment of February 4, 2019. Series C No. 373, para. 14.
28
30
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 140, and Case of Omeara Carrascal et al. v.
Colombia. Merits, reparations and costs. Judgment of November 21, 2018. Series C No. 368, para.64.