15
with the Mental Health Team, and is written on letterhead paper of the “Fundación
de Ayuda Social de Fieles de las Iglesias Cristianas.”
59.
The Court notes that while the report submitted does concern matters bearing
upon the victim’s physical and psychiatric condition, the necessary formalities were
not followed to prepare it. Those formalities require the appointment of experts by
the Court (Articles 43 et seq of the Rules of Procedure). Therefore, for reasons other
than those alleged by the State, the Court cannot regard this document as expert
evidence and, hence, it will be admitted as documentary evidence in the instant
Case.
60.
Inasmuch as the other documents presented by the victim were neither
objected to nor challenged, the proper procedure is to add them to the body of
evidence in the instant Case.
*
*
*
61.
On June 11, 1998, after the normal deadline for introducing evidence had
passed, the victim sent eight documents concerning medical expenses and
references, citing the provisions of Article 43 of the Rules of Procedure
(cf. medical references extended by "Centros Integrales de Salud," April 29, 1998; estimate for dental
work, issued by the "Santiago Lion’s Club," May 18, 1998; receipt No. 14570 for laboratory tests issued by
"Ginelab Limited," June 1, 1998; diagnosis of breast examination issued by "Ginelab," June 1, 1998;
medical reference issued by "Ginelab," June 1, 1998; ultrasound report issued by "Ginelab," June 1, 1998;
and receipt No. 14580 for laboratory tests, issued by "Ginelab Limited," June 3, 1998).
62.
On July 14, 1998, the State objected to the documents in question, noting
that in the Court’s Judgment, the only expenses for which reimbursement had been
ordered were those incurred in representations before the Peruvian authorities. The
State argued that the documents submitted did not fall within the scope of that
Judgment and were also filed extemporaneously.
63.
The rule contained in Article 43 of the Rules of Procedure (supra 37) makes
provision for the Court to admit evidence after the deadline in exceptional cases.
The exception applies only when the party alleges force majeure, serious impediment
or the emergence of supervening events. In the case of the documents submitted
by the victim on June 11, 1998, the Court has established that they were all issued
subsequent to the deadline for presentation of evidence and that the facts that they
corroborate cannot be regarded as supervening events. Hence, their inclusion in the
body of evidence must be denied.
*
*
*
64.
As evidence to help the Court arrive at a more informed judgment, on July
29, 1998, the President requested information from the State concerning the official
exchange rate between the local currency of Peru and the United States dollar for
the period from 1993 to 1998. It also asked the State to furnish Peru’s legislation on
salaries and work bonuses.
65.
On September 11, 29 and 30, 1998, the State submitted eight legal texts,
one report and exchange rate quotations for Peru’s local currency