B.2) Admission of the statements of the presumed victims, and of the testimonial
and expert evidence
53.
With regard to the statements of the presumed victims and the witnesses and the
expert opinions provided at the public hearing and by affidavit, the Court considers these
pertinent only insofar as they relate to the purpose defined by the President of the Court in
the Order requiring them (supra para. 11). These statements will be assessed in the relevant
chapter, together with the entire body of evidence, taking into account the observations
made by the parties. 51
54.
According to this Court’s case law, the statements made by the presumed victims
cannot be assessed separately, but only as part of the entire body of evidence in the
proceedings, because they are useful insofar as they can provide more information on the
alleged violations and their consequences. 52 Accordingly, the Court admits these statements
(supra para. 11) and will assess them based on the criteria indicated.
55.
In addition, in relation to the affidavits, the State requested that the Court declare
inadmissible the statements of Paul Hunt, Antonio Marlasca, Gerardo Escalante and Delia
Ribas. Likewise, it made observations on the substance of some of the statements.
56.
On the matter of admissibility, the State indicated that the statements of Antonio
Marlasca and Paul Hunt omitted any reference to the questions posed by the State, which
affects the obligation of procedural cooperation, the principle of good faith, the adversarial
principle and the right to defense. The Court reiterates that the fact that the Rules of
Procedure permit the parties to submit written questions to the deponents offered by the
opposing party and, if applicable, by the Commission, imposes the corresponding obligation
of the party that offered the testimony to coordinate and take the necessary steps to forward
the questions to the deponents, and that the respective answers are provided. In certain
circumstances, failure to answer several questions may be incompatible with the obligation
of procedural cooperation and with the principle of good faith that governs international
proceedings. 53 Nevertheless, the Court considers that failure to provide answers to the
questions of the opposing party does not affect the admissibility of a statement and is an
aspect which, depending on the extent of a deponent’s silence, could eventually affect the
probative value that an expert opinion might have, and should be assessed when considering
the merits of the case.
57.
The State argued that “the failure to present” the Spanish translation of Paul Hunt’s
statement within the established time frame “breaches the obligation of procedural
cooperation and good faith that should govern international proceedings.” The State pointed
out that it had “complied with [the requirement] to submit two translations within the same
time frame granted the Commission, which clearly implied a reduction in the time for
preparing the report,” which “places it in a position of procedural inequality, since it also
reduced the time […] granted […] to present the respective comments.” In this regard, the
Court observes that the English version of the report was submitted within the established
time frame and that there was a delay of seven days in submitting the Spanish version. The
51
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 43.
52
Cf. Case of Loayza Tamayo v. Peru. Merits, para. 43, and Case of Díaz Peña v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of June 26, 2012. Series C No. 244, para. 27.
53
Case of Díaz Peña v. Venezuela, para. 33, and Case of Uzcátegui et al. v. Venezuela. Merits and
reparations. Judgment of September 3, 2012, Series C No. 249, para. 29.