8
31.
On May 15, 2001, the State submitted its brief of comments on reparations
and costs, which the Secretariat had requested back on February 20, 2001, in
keeping with the September 13, 2000 Order of the President of the Court (supra
paragraphs 3 and 10). The deadline for submitting that brief expired on April 26,
2001. Therefore, the brief was received 19 days after the deadline. By the standard
established by the Court in its own case law,11 the period of time that elapsed cannot
be considered reasonable. In the instant case, the delay was not due to a simple
error in computing the due date. The imperatives of legal security and procedural
equality require that deadlines be met,12 unless exceptional circumstances make that
impossible. That did not happen in the instant case. Consequently, because it was
time-barred, the Court is not admitting into evidence the State’s brief of May 15,
2001, and will refrain from addressing its contents.
Therefore, the evidence
tendered by the State with the brief of comments on the requested reparations
(supra paragraph 25) is also considered to have been submitted extemporaneously.
32.
Concerning the written psychological report on Mr. Cantoral Benavides,
submitted by Ana Luiza Loureiro de Vasconcellos (supra paragraph 9); the
documents tendered by the victim’s representatives and the State with reference to
the average salaries of office workers and professional biologists in Peru (supra
paragraph 16), and the “Report prepared by the Committee to Study and Review
Legislation Enacted since April 5, 1992,” tendered by the State (supra paragraph
14), the Court considers them helpful elements within the body of evidence and adds
them to that body of evidence, in accordance with Article 44(1) of the Rules of
Procedure.
33.
The Court is admitting the tendered testimonial and expert evidence only to
the extent that it is relevant to the stated purpose of the line of questioning and the
opinion.
34.
Finally, it is important to recall that the body of evidence in a case is an
indivisible whole, composed of the pieces of evidence tendered during all phases of
the proceeding.13
V
FACTS PROVEN
35.
To determine the reparations measures appropriate in the instant case, the
Court’s reference point will be the facts established as proven in the judgment on the
merits delivered on August 18, 2000. In the present phase of the proceedings, the
parties have tendered new pieces of evidence for the purpose of demonstrating the
presence of other factors relevant to determining the proper measures of reparation
11
Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 159; Baena Ricardo
et al. Case, Judgment of February 2, 2001. Series C No. 72, paragraph 50; and “The Last Temptation of
Christ” Case (Olmedo Bustos et al.). Judgment of the Inter-American Court of Human Rights, November 9,
1999, consideranda No. 4.
12
Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 159; and “The Last
Temptation of Christ” Case (Olmedo Bustos et al.), supra note 11, consideranda No. 4.
13
Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 98; The “Street
Children” Case (Villagrán Morales et al.). Reparations, supra, note 2, paragraph 53; and Blake Case.
Reparations (Art. 63(1) American Convention on Human Rights). Judgment of January 22, 1999. Series
C No. 48, paragraph 28.