Court takes into account that, in the proceedings before the Commission, the parties
submitted various elements of information and evidence in English without providing a
translation, which did not merit an objection from the parties and, furthermore, shows that,
during the proceedings, steps were taken to ensure a proper procedural balance between the
parties. Likewise, in the proceedings before the Court various time limits have been granted
to the Commission and to the parties to forward translations into Spanish of some
documents that were presented in English. Based on the foregoing, the Court concludes that
the lack of a timely translation of the said statement did not create a disproportionate
burden for the State or the representatives that could justify its inadmissibility.
58.
The State asked the Court to reject the expert opinion of Antonio Marlasca, because
“he should have appeared before a notary public,” “and not as occurred in this case where it
is clear from the document submitted that no such appearance took place, since the notary
public affirms that he merely transcribed the report provided previously.” In this regard, the
Court has indicated that, in relation to the reception and assessment of evidence, the
proceedings before it are not subject to the same formalities as the domestic judicial
proceedings, and that the incorporation of certain elements into the body of evidence must
be made paying particular attention to the circumstances of the specific case. 54 Furthermore,
on other occasions, the Court has admitted sworn statements that were not made before
notary public, when legal certainty and the procedural balance between the parties 55 are not
affected, and this is respected and guaranteed in this case.
59.
The State contested the admissibility of the statements of Gerardo Escalante and
Delia Ribas, and the opinion of Alicia Neuburger, because they presumably refer to matters
that were not contemplated within the purpose of their statements. The Court reiterates that
it will only take into account the statements provided by affidavit to the extent that these are
in keeping with the purpose established in the Order issued by the President.
60.
As to the substantial issues, the State indicated the following: (i) Paul Hunt “omits the
analysis of the balance of interests that is essential in order to determine the existence of a
disproportionate impact”; (ii) the expert opinion of Alicia Neuburger “is not useful evidence
to prove the causal relationship between the alleged violations of rights” and “the damage
supposedly suffered by the presumed victims,” and “is based on a series of facts that have
not been proved in these proceedings”; (iii) “Mr. Marlasca fails in his attempt to draw a
distinction that could be considered rational or objective between a human life and a human
person”; (iv) “the statement [of Andrea Mesen] is so general that it makes it impossible to
try to justify, much less prove, an alleged non-pecuniary damage to the presumed victims”;
(v) Gerardo Escalante “limits the nature and content of his statement to the way in which IVF
was practiced in Costa Rica at the time when he practiced it, so that he cannot make
assessments or render opinions on the in vitro fertilization technique in general, or on its
international regulation,” and (vi) with regard to Delia Ribas: “she continually refers to the
term “pre-embryo,” using it as a basis to justify the treatment received by the embryo from
its conception (or fertilization) until the moments before it is transferred to the mother’s
womb […] and, therefore, it is not acceptable that she tries to justify its manipulation by
hiding behind that concept, because it is scientifically proved that a full and complete
organism exists at this initial stage.” The State also argued that “it is not correct […] to
justify the practice of the IVF technique as a treatment for a disease that improves the
health of the ‘patients’”; “in her document, she advocates the practice of cryopreservation –
54
Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1, 2005.
Series C No. 120, para. 33.
55
Cf. Case of the Miguel Castro Castro Prison, para. 189; Case of Servellón García et al., para. 46; and Case
of Claude Reyes et al. Judgment of September 19, 2006. Series C No. 151, para. 51.