its acknowledgment of international responsibility and the subject has been extensively
developed in the Inter-American Court’s case law.
V
EVIDENCE
A. Admission of the documentary evidence
24. The Court received a variety of documents presented as evidence by the Commission
and by the representative, attached to their main briefs (supra paras. 5 and 6). As in other
cases, this Court admits those documents presented at the proper procedural moment
(Article 57 of the Rules of Procedure)12 by the parties and the Commission, whose
admissibility was neither contested nor opposed, and whose authenticity was not
questioned.13
B. Admission of expert testimony and evidence
25.
This Court finds it pertinent to admit the statements provided by expert witness
Silvia Judith Quan Chang via video and by José Guevara Díaz via public hearing, as they
are in keeping with the purpose defined by the President in the order requiring them and
the purpose of this case.14
VI
FACTS
26.
In view of the scope of the state’s acknowledgment of responsibility, the Court
will review the facts of the case in the following order: (a) Luis Fernando Guevara Díaz
and the competitive hiring process for selecting a "Miscellaneous Worker 1”; (b) the
appeal for reversal; (c) the amparo proceeding; and (d) the proceeding before the
National Office of the Labor Ombudsperson.
A. Luis Fernando Guevara Díaz and the competitive hiring process for
selecting a "Miscellaneous Worker 1”
27.
Luis Fernando Guevara Díaz is a person with an intellectual disability.15
Documentary evidence can generally be submitted, according to Article 57(2) of the Rules of Procedure,
with the briefs submitting the case, with pleadings and motions, or answering the submission of the case, as
applicable. Evidence forwarded outside the appropriate procedural moments is not admissible, except in the
cases established in the above-mentioned Article 57(2) of the Rules of Procedure (force majeure or serious
impediment) or if it relates to a supervening fact—that is, a fact that took place after the these procedural
moments.
12
Cf. Article 57 of the Rules of Procedure; also Case of Velásquez Rodríguez v. Honduras. Merits.
Judgment of July 29, 1988. Series C No. 4, para. 140, and Case of Manuela et al. v. El Salvador. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 2, 2021. Series C No. 441, para. 31.
13
The subjects of these statements are set forth in the Order of the President of the Court of February
17, 2022. The representative dropped his efforts to put forward the statements of Roxana Rodríguez Barquero
and Dionisia Vega Fernández.
14
Cf. Medical certification of May 9, 2001 (evidence file, folio 1044). According to the diagnosis of the
National Children's Hospital, Mr. Guevara's disability takes the form of, inter alia, “learning problems,”
“emotional blockage,” and “behavior disorders.”
15
8