36
representatives, whose authors were not offered as witnesses at the appropriate
procedural moment or requested in the June 11, 2004 Order of the President (supra
para. 29), since there were no objections by the Commission or by the State, this
Court accepts them pursuant to Article 45(1) of the Rules of Procedure, as it deems
them useful to adjudicate the instant case, and it assesses them within the body of
evidence.
80.
In regards to the sworn statements rendered by Alain Abellard and expert
witness Michel Robert, Laurent Rapin’s replies to the questions sent to him in writing
by the representatives, and the sworn statement before a notary public by expert
witness César Banda Batallas (supra paras. 30 and 73), the Court accepts them
inasmuch as they are in accordance with their object and assesses them within the
body of evidence as a whole, applying the rules of competent analysis.
81.
The statements rendered before a notary public by witnesses Elsy Magdalena
Peñafiel Toscano and Gloria Antonia Pérez Vera (supra paras. 32 and 73), pursuant
to the President’s June 11, 2004 Order (supra para. 29), were challenged by the
Commission and the representatives (supra paras. 36 and 37). However, the Court
accepts them inasmuch as they are accordance with their object, taking into account
the objections raised by the parties, and it assesses them within the body of
evidence as a whole, applying the rules of competent analysis.
82.
Regarding the medical reports issued by doctors Christian Rat, Samuel Gèrard
Benayoun, and Philippe Blanche (supra para. 69), which the State deemed “lack
reliability, impartiality, and timeliness,” this Court admits them because it finds them
useful to rule on the instant case; however, it takes into account the objections of
the State and will assess them in the context of the body of evidence according to
the rules of competent analysis.
83.
This Court notes that the Inter-American Commission and the representatives
forwarded only part of the documents requested as evidence to facilitate adjudication
of the case and the State forwarded no such documents (supra paras. 40, 41 and
42). The Court has reiterated that the parties must provide to the Court the
evidence that it requests, whether documents, testimony, expert opinions, or other
types of evidence. The Commission, the State and the representatives of the alleged
victim and his next of kin must provide all the evidence requested to facilitate
adjudication of the case, for the Court to have better grounds to establish the facts
and on which to base its decisions. Specifically, in proceedings on human rights
violations, the State has the obligation to provide to the Court the evidence that can
only be obtained through its cooperation.24
84.
The Court includes in the body of evidence the documents forwarded by the
Commission and the representatives as evidence to facilitate adjudication of the case
in accordance with the provisions of Article 45(2) of the Rules of Procedure. This
Court notes that the Commission submitted, together with the evidence to facilitate
adjudication of the case, the following documents: a December 18, 2001 report by
the Laboratoire de Biologie Lé-Thiébaut Selarl; a December 18, 2001 laboratory
report prepared by Christophe Ronsin and Anne Ebel of the Laboratoire d´analyses
24
See Case of the 19 Tradesmen, supra note 9, para. 77; Case of Juan Humberto Sánchez.
Interpretation of the Judgment on Preliminary Objections, Merits and Reparations, para. 47; and Case of
the Caracazo. Reparations (Art. 63(1) American Convention on Human Rights). August 29, 2002
Judgment. Series C No. 95, para. 56.
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