15
subject to the formalities required for testimonial evidence. However, their probative
weight depends on whether they corroborate or refer to aspects of the specific case.36
Consequently, and given the general nature of the State’s opposition, the Court decides
to admit them and will assess them, were appropriate, taking into account the body of
evidence, the observations of the State, and the rules of sound judicial discretion.
35.
Regarding the newspaper articles forwarded by the representatives, this Court
has found that they may be assessed when they refer to well-known public facts or
statements made by State officials,37 or when they corroborate aspects of the case.38 The
Court has verified that it is not possible to distinguish the date of publication of some of
these documents. Nevertheless, none of the parties objected to the documents on this
basis or questioned their authenticity. The Court decides to admit the documents that
are complete or that, at least, allow their source and date of publication to be
determined, and will assess them taking into account the body of evidence, the State’s
observations, and the rules of sound judicial discretion.
36.
Likewise, the Court adds other documents to the body of evidence, in application
of Article 47(1) of the Court Rules of Procedure, because it deems them useful to the
resolution of this case.39
37.
On the other hand, with regard to the documents provided by the representatives
and the State following the submission of the brief on pleadings and motions and the
brief in response to the application, respectively, the Court finds it opportune to recall
that Article 46 of the Rules of Procedure, which regulates the admission of evidence,
establishes:
1. Items of evidence tendered by the parties shall be admissible only if they are offered in
the application of the Commission, in the pleadings, motions and evidence of the alleged
victims, in the answer to the application and observations to the pleadings and motions filed by
the State or, when appropriate, in the document setting out the preliminary objections and the
answer thereto.
[…]
36
Cf. Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 23, 2009. Series C No. 209, para. 72.
37
For purposes of this Judgment, the Court will use the terms officials, employees, and public servants
without distinction.
38
Cf. Case of Velásquez Rodríguez. Merits, supra note 33, para. 146; Case of Chitay Nech et al., supra
note 25, para. 55, and Case of Manuel Cepeda Vargas, supra note 25, para. 60.
39
UN. Office of the High Commissioner for Human Rights, Professional Training Series No. 8, Istanbul
Protocol: Manual on the Effective Investigation and Documentation of Torture and other Cruel, inhuman or
degrading
treatment,
New
York
and
Geneva,
2001
(http://www.ohchr.org/Documents/Publications/training8Rev1sp.pdf); WHO, Guidelines for medico-legal care
for
victims
of
sexual
violence,
Geneva,
2003
(http://www.who.int/violence_injury_prevention/resources/publications/med_leg_guidelines/en/);
Criminal
Code of the state of Guerrero, published in the Official Gazette on November 14, 1986,
(http://www.guerrero.gob.mx/pics/legislacion/183/CPEG.pdf); Code of Criminal Law of the state of Guerrero,
published
in
the
Official
Gazette
on
November
14,
1986
(http://www.guerrero.gob.mx/pics/legislacion/183/CPEG.pdf); Civil Code of the Free and Sovereign State of
Guerrero,
published
in
the
Official
Gazette
on
January
2,
1993
(http://www.guerrero.gob.mx/?P=leyesdetalle&key=19&tipo=2&mode=1&file=190);
Code
of
Criminal
Procedure of the state of Guerrero, published in the Official Gazette on February 5, 1993
(http://www.guerrero.gob.mx/?P=leyesdetalle&key=19&tipo=2&mode=1&file=185); Federal Criminal Code of
Mexico,
published
in
the
Official
Gazette
of
the
Federation
on
August
14,
1931,
(http://www.diputados.gob.mx/LeyesBiblio/pdf/9.pdf); Federal Code of Criminal Procedure, published in the
Official Gazette of the Federation on August 30, 1934 (http://www.diputados.gob.mx/LeyesBiblio/pdf/7.pdf),
and the Mexican Code of Military Justice, published in the Official Gazette of the Federation on August 31, 1933
(http://www.diputados.gob.mx/LeyesBiblio/pdf/4.pdf); National Commission on Human Rights Law, published
in
the
Official
Gazette
of
the
Federation
on
June
29,
1992
(http://www.cndh.org.mx/normat/leycndh/LEYCNDH2010.pdf); and the Law for the Protection and
Development of Minors in the state of Guerrero, Number 415, published in the Official Gazette on January 15,
2002 (http://www.guerrero.gob.mx/pics/legislacion/66/LPDMEG415.pdf).