17
reasons set out in the Rules of Procedure that, exceptionally, allow evidence to be
submitted after the answer to the application. Despite this, since they are pertinent and
necessary for determining the facts of this case and the possible consequences, in
accordance with Article 47 of the Rules of Procedure, the Court decides to admit said
documentation. In regard to the copies of Preliminary Investigation SC/180/2009/II-E of
the Military Public Prosecutor’s Office, the Court notes that the actions taken by the
State prior to the date the answer to the application was forwarded to the Court had
already been incorporated into the case file on said opportunity (supra para. 5).
Regarding the actions related to the preliminary investigation subsequent to February
17, 2010, the Court notes that, in effect, they form part of the purpose of the present
case and could not be provided prior. Based on the aforementioned, the Court admits
said documents as supervening evidence because they are relevant, in the terms of
Article 46(3) of the Rules of Procedure.
45.
On the other hand, the State and the representatives provided documents that
accompanied their final written arguments. Mexico provided, among other documents,
up-to-date copies of the actions taken by the Military Public Prosecutor’s Office in the
Preliminary Investigation SC/180/2009/II-E of the Military Public Prosecutor’s Office, and
a copy of Mexican Official Norm NOM-046-SSA2-2005 “Domestic Violence, Sexual
Violence, and Violence against Women. Criteria for Prevention and Attention.”43 On their
behalf, the representatives submitted documents related to costs and expenses.
46.
In relation to the documents presented by the State that refer to domestic norms,
the representatives argued that the State “has [not] alleged a ‘force majeure’ or ‘serious
impediment’ that exempted it from not introducing this documentation at the opportune
procedural time,” to which they requested the Court not to admit it. Likewise, they
affirmed that “[t]he referenced norms are general regulations regarding public policies
related to equality and nondiscrimination, access to health care, rights of the child and of
women,” which “were not applicable to the case [because] they are not pertinent to the
examination of State conduct.” Regarding the Preliminary Investigation SC/180/2009/IIE of the Military Public Prosecutor’s Office, they affirmed that “the referenced
documentation is evidence of the continuity of the violation of the fair trial [judicial
guarantees] and judicial protection of [Mrs.] Rosendo Cantú, demonstrating not only
that the military forum is not competent, but also that it is biased, inadequate, and
ineffective.” As a consequence, they requested the Court to disregard the documentation
presented by the State and that it be before the presentation of its brief in answer to the
application, and that in relation to the documentation subsequent to said brief, the Court
consider it “additional evidence” of the responsibility of the State in this case.
47.
With regards to the Preliminary Investigation SC/180/2009/II-E of the Military
Public Prosecutor’s Office, submitted by the State with its written brief of final
arguments, the Court notes that they correspond to the actions carried out as of May 26,
2010, namely, subsequent to the date of the answer to the application, and for such
reasons they were not able to be presented prior. For this reason, said documents will be
considered evidence of supervening facts in the terms of Articles 46(3) of the Rules of
Procedure and admitted where appropriate. On the other hand, in relation to Mexican
Official Norm NOM-046-SSA2-2005, the Court reminds that said document was offered
among the documents presented by the State during the hearing44 and whose admission
has been ruled on by the Court (supra para. 44). In relation to the other documents
provided by the State together with their final written arguments, given their relevance
and utility in the clarification of the facts of the present case and in the eventual
consequences, pursuant to Article 47 of the Rules of Procedure, the Court decides to
admit them. The Court will take into consideration the observations of the parties with
43
Mexican Official Norm NOM-046-SSA2-2005 “Domestic Violence, Sexual Violence, and Violence against
Women. Criteria for Prevention and Attention”; published in the Official Gazette of the Federation on April 16,
2009. Cf. Record of receipt of documents, supra note 41, numeral 31.
44
Record of receipt of documents, supra note 41, numeral 31.