19
official temporarily in charge of their functions. Likewise, the Commission argued that Ms.
Herrera’s statement “does not conform to the object of testimony requested from witness
Gómez Pav[aj]eau” and that it “only [makes] reference to the practices of the National
Procurator” and does not refer to the facts about which the witness was called to testify in
the order to convene the public hearing. Further, the representatives added that “a large
part of [the statement] is totally irrelevant” and “[w]hat is relevant is the information
included on page 28 of the statement, which confirms that the disciplinary action in three
disciplinary proceedings put forward concerning the massacre of The Rochela was timebarred and therefore, no state official was disciplinarily sanctioned in relation to the case.”
For its part, the State indicated that “it acknowledges that it cannot argue […] that due to
vacation periods at the domestic level it cannot present evidence,” however, in good faith it
presents the statement and submits it for observation from the other parties. On this issue,
the Court finds that the statement includes information about the disciplinary investigations
that were put forward in response to the events of the Rochela Massacre. The Court adds
the information included in the statement that specifically refers to the facts of the Rochela
Massacre to the body of evidence, pursuant to Article 45(1) of the Rules of Procedure and
because it considers it useful in deciding this case.
62.
The State indicated that “the statement presented by Guillermo Pérez Casas was not
presente[d] before a notary public, or before any authority” and that the original and
complete version “was presented extemporaneously”, which “abridges the State’s right of
defense”, reasons for which it requests that “it not be taken into consideration” in the
analysis of the case. In this regard, the Tribunal notes that on other occasions it has
admitted sworn statements that were not given before a notary public when this does not
affect juridical security or the procedural balance between the parties,27 which have been
respected and guaranteed in this case. However, taking into consideration that the complete
version of the this statement was presented extemporaneously, and that it contains
evidence that could be useful in deciding the present case, the Tribunal includes it in the
body of evidence, founded upon Article 45(1) of the Rules of Procedure, and taking into
account the observations presented by the State.
63.
The Court takes note of the State’s observations with regard to the statements of
María Carmenza Morales Cepeda, Myriam Stella Morales Caro, Antonio Suárez Niño, Iván
Cepeda Castro and Federico Andreu Guzmán, in the sense that “the context [presented in
the application and in the brief containing pleadings and motions] is not in debate” in the
present case. This argument will be analyzed in the present Judgment (infra para. 69 to 72
and 76 to 91).
64.
In application of Article 45(1) of the Rules of Procedure, the Court includes in the
body of evidence in the present case the judgment C-014 issued on January 20, 2004 by
the Constitutional Court of Colombia, the Second Report on the Situation of Human Rights
in Colombia issued on October 14, 1993 by the Inter-American Commission on Human
Rights (OEA/Ser. L/V/II.84 Doc. 39 rev. 14 October 1993), as well as the following evidence
produced in the case of the 19 Tradesmen: Legislative Decree 3398 of December 24, 1965;
Law 48 of December 16, 1968; the judgment issued on April 14, 1998 by the National
Tribunal [Tribunal Nacional]; and the Report of the Special Rapporteur of the United Nations
on Summary or Arbitrary Executions with regard to a visit completed on 11th to the 20th of
October 1989 (E/CN.4/1990/22/Add.1 of January 24, 1990).
27
Cf. Case of the Miguel Castro Castro Prison, supra note 8, para. 189; Case of Servellón García et al., supra
note 19, para. 46; and Case of Claude Reyes et al. Judgment of September 19, 2006. Series C No. 151, para. 51.
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