by private and government entities, as well as by the Universidad de San Carlos de Guatemala (hereinafter also “the USAC”). The representatives indicated that many of the annexes were time-barred and the State had not duly justified why the Court should include them in its considerations. They therefore asked the Court to declare the said documentation inadmissible.12 According to Article 57 of the Rules of Procedure evidence presented outside the procedural moments regulated in Articles 35(1) (submission of the case by the Commission), 40(2) (the pleadings and motions brief), and 41(1) (the State’s answering brief), is not admissible, unless its time-barred presentation is justified by one of the exceptions established in Article 57(2) of the Rules of Procedure, namely: force majeure, grave impediment or a fact that occurred after the said procedural moments.13 Consequently, owing to the State’s failure to justify their late presentation, the documents submitted together with its final written arguments are inadmissible.14 Nevertheless, the Court admits the documents contained in annexes 5, 11, 14, 15 and 16 provided by the State based on Article 58(a) of the Rules of Procedure. B. Admissibility of the testimonial and expert evidence 16. As indicated, the Court deemed it pertinent to admit the statement,15 and the expert opinions provided during the public hearing and by affidavit,16 insofar as they were in keeping with the purpose defined by the President in the order requiring them and the purpose of this case. 17. Regarding the affidavit made by William Cartwright, in its final arguments, the State alleged that there were several inconsistencies in the witness’s statement in relation to Mr. Hendrix’s collaboration in the creation of master’s degree programs in the USAC and to his time in Guatemala. The Court considers that the State’s observations with regard to Mr. Cartwright’s statement refer to its probative value and not to its admissibility. Therefore, it admits the statement, and the observations made by Guatemala will be taken into account when assessing the evidence during the analysis of the merits of the case. V FACTS 18. In this chapter, the Court will set out the facts that have been established in this case based on the body of evidence and the factual framework that the Commission submitted to the Court’s consideration. The said facts will be described in the following order: (A) Legal framework; (B) Steven Edward Hendrix, and (C) Procedures followed by Mr. Hendrix to register as a notary. Immigration Code, National Immigration Authority Decision No. 7-2019; (13) Civil Registry Law, Congressional Decree 90-2005; (14) Official communication UCM-No. 49-2022 of March 30, 2022, of the Guatemalan Immigration Institute; (15) SG/ivma Official communication No. 307-2022 of April 6, 2022, of the Ministry of Labor and Social Welfare; (16) Official communication. REF. RyE Inc. No. 08/2022 of April 18, 2022, of the Records and Statistics Office of the Universidad de San Carlos de Guatemala, and (17) Official communication No. DEEP/46-2022 of April 18, 2022, of the Director of the Postgraduate Studies Department of the Legal and Social Sciences Faculty at the Universidad de San Carlos de Guatemala. The representatives indicated that annexes 1 and 3 mentioned in footnote 10 of the final written arguments, had already been presented with the answering brief. 12 Cf. Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011. Series C No. 237, para. 17, and Case of Valencia Campos et al. v. Bolivia. Preliminary objection, merits, reparations and costs. Judgment of October 18, 2022. Series C No. 469, footnote 20. 13 14 Namely: annexes 2, 4, 6, 7, 8, 9, 10, 12, 13 and 17 mentioned in footnote 10 of the final written arguments. Statement by Steven Edward Hendrix, offered by the representatives, and made during the public hearing before the Court. 15 Expert opinion of Gabriel Orellana Rojas, offered by the State and provided during the public hearing, and expert opinion of Roberto P. Saba, proposed by the Commission and provided by affidavit received on March 21, 2022. 16 6