18
regard to said documents, together with the body of evidence, in application of the rules
of sound judicial discretion.
48.
In relation with the documents presented by the representatives in their written
brief of final arguments, the State observed that the representatives “are attempting to
rectify an aspect they omitted almost nine months ago in their brief of final arguments,
which was time-barred and in contravention of the rules of the present contentious
proceeding, information related to the cost of processing the matter since 2008.”
Likewise, the State made observations on the merits regarding said documents (infra
para. 283).
49.
In regard to the documents noted in the prior paragraph, submitted by the
representatives regarding costs and expenses, the Court will only consider those
documents forwarded with the final written arguments that refer to new costs and
expenses incurred due to the proceedings before this Court, namely, those incurred
subsequent to the brief of pleadings and motions (infra para. 285).
C.
Assessment of the statements of the alleged victims and of the
testimonial and expert evidence
50.
Regarding the statements of the alleged victims and the witnesses, and the
expert opinions provided during the public hearing and by means of sworn statements,
the Court finds them pertinent only to the extent that they comply with the purpose
defined by the President of the Court in the order requiring them (supra para. 28, 29,
and 30), and in conjunction with the other elements of the body of evidence, taking into
account the observations made by the parties.45
51.
The Court observes that the State was two days late in presenting its
observations on the affidavits sent to it on March 13, 2010. Nevertheless, given that the
delay was minor and that its acceptance does not create a procedural imbalance that
would prejudice the parties or affect legal certainty, the Court admits the State’s brief.
52.
The State did not contest the testimony of the alleged victim, but it did note that
said testimony alone cannot count as conclusive evidence, but rather that it must be
considered as a part of all the evidence in the proceeding, given that the victim has a
direct interest in the outcome of the litigation. The Court observes, in accordance with its
jurisprudence, that the testimony rendered by the alleged victims cannot be assessed
standing alone, but rather together with all the evidence of the proceeding,46 because
they are useful in that they serve to provide more information regarding the alleged
violations and their consequences. Taking the foregoing into account, the Court admits
the testimony of Mrs. Rosendo Cantú, noting that its probative weight will be considered
only insofar as it corresponds to the purpose defined by the President of the Court
(supra para. 30), taking into account the entire body of evidence, the State’s
observations, and the rules of sound judicial discretion.
53.
In regards to the declarations of the witnesses and experts, the State expressed,
in a general manner, that none was admitted with the purpose of proving that military
personnel sexually abused Mrs. Rosendo Cantú. It noted that “[t]he testimonials,
statements, and expert opinions that indicate that Mrs. […] Rosendo Cantú was raped by
agents of the State should be dismissed because [the] Court did not admit them with
said purpose in the sub judice proceeding. Moreover, in none of those cases were the
45
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para.
43; Case of Chitay Nech et al., supra note 25, para. 56, and Case of Manuel Cepeda Vargas, supra note 25,
para. 64.
46
Cf. Case of Loayza Tamayo, supra note 45, para. 43; Case of Chitay Nech et al., supra note 25, para.
56, and Case Manuel Cepeda Vargas, supra note 25, para. 65.