10
B.2 Failure to present the brief of pleadings and motions
28. Regarding the procedural opportunity to present documentary evidence, in accordance
with Article 57 of the Rules of Procedure, it must be submitted, in general, along with the
brief submitting the case, brief of pleadings and motions, or answer brief, as appropriate.
The Court recalls that evidence submitted outside the adequate procedural opportunity is
inadmissible, unless one of the exceptions set forth in Article 57(2) of the Rules of
Procedures applies, to wit, force majeure or serious impediment, or if the evidence refers to
an event which occurred after the procedural moments indicated.
29. In this regard, in relation to the effects of the failure to present the brief of pleadings
and motions by the representative (supra para. 5), the Court may allow the parties to
participate in certain procedural actions, taking into account the stages that have expired
pursuant to the opportune procedural moment.24 In that sense, the representative had the
procedural opportunity to submit observations on the preliminary objections, to participate
in the public hearing by questioning the declarants and was able to respond to the questions
posed by the judges of the Court and to present the final oral and written arguments.
Accordingly, the Court considers that, in view of the absence of the brief of pleadings and
motions, it will not assess any arguments or evidence by the representative that add facts,
rights, or alleged victims to the case, as well as any claims for reparations distinct from
those requested by the Commission since they were not submitted at the appropriate
procedural moment (Article 40(1) of the Rules of Procedure). Thus, the Court will only
assess disputes regarding statements provided by affidavit and during the public hearing,
the legal arguments presented during the hearing, and the final written arguments related
to arguments made during the hearing, together with answers and evidence strictly related
to the questions posed by the judges during the hearing and/or requested thereafter. 25
30.
On the other hand, the Court also notes that the representative forwarded with the
final written arguments, receipts for expenses related to the litigation of this case. In this
regard, it will only consider those expenses that relate to requests for costs and expenses
incurred following the submission of the brief of pleadings and motions.26
B.3 Admission of the statements of the alleged victim, expert, and witness
31. As to the statement of the alleged victim, the expert witness, and the witness
rendered at the public hearing and by way of affidavits, the Court considers these pertinent
only insofar as they are consistent with the purpose defined by the President of the Court in
the Order requesting them (supra para. 8). Similarly, pursuant to the jurisprudence of this
Court, the statement of the alleged victim cannot be assessed on its own, but rather within
the entire body of evidence of the proceedings, since it is useful only insofar as it can
provide more information on the alleged violations and their consequences. 27
24
Cf. Case of Nadege Dorzema et al. V. Dominican Republic. Merits, Reparations and Costs. Judgment of
October 24, 2012. Series C No. 251, para. 19, and Case of J., supra, para. 32.
25
Cf. Case of Nadege Dorzema et al., supra, para. 20, and Case of J., supra, paras. 33 and 34. In particular,
in their final written arguments, the representative forwarded documents in response to the specific questions from
the judges as well as various other documents and judicial decisions. In view of the foregoing, with respect to such
documents, only those documents that were sent in response to the questions made by the judges at the hearing
or after it will be admitted.
26
27
Cf. Case of Nadege Dorzema et al., supra, para. 24, and Case of J., supra, para. 33.
Cf. Case of Loayza Tamayo V. Perú. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of J., supra, para. 49.