to this Court power of attorney letters granted by the Maya Mam indigenous people of Cajolá
on the grounds that they have not been able to establish contact with that community, mainly
due to the situation caused by the COVID-19 pandemic. The lack of power of attorney
mentioned refers to the legal representation of an indigenous community identified by the
Commission in its Merits Report, so that it is not an issue related to the very nature of the
indigenous people as alleged victims. 19 Furthermore, there was clearly continuity in the
representatives’ actions since the processing of the case before the Commission, given that
most of the representatives have acted as petitioners before the Commission, and there is no
record that, in all the years that the process lasted, the Mam community of Cajolá has
expressed any disagreement with such actions. 20 Accordingly, and without prejudice to the
fundamental importance of the duty of prior consultation with indigenous peoples on any
matter that may affect them, the Court considers that the Maya Mam indigenous community
of Cajolá is one of the alleged victims in this case.
26.
Consequently, the Court will consider as alleged victims in the case under analysis only
those indigenous communities identified by the Inter-American Commission in the Merits
Report, namely: Maya Kaqchikel of Sumpango; Maya Achí of San Miguel Chicaj; Maya Mam of
Cajolá, and Maya Mam of Todos Santos Cuchumatán.
V
EVIDENCE
A.
Admissibility of the documentary evidence
27.
The Court received various documents submitted as evidence by the Commission, the
representatives and the State, attached to their main briefs (supra paras. 3, 6 and 7). As in
other cases, the Court admits those documents submitted in a timely manner (Article 57 of the
Rules) 21 by the parties and the Commission, whose admissibility was not disputed or
challenged, and whose authenticity was not questioned. 22
Cf. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary objections, merits,
reparations and costs. Judgment of August 28, 2014. Series C No. 282, para. 88.
20
Cf. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary objections, merits,
reparations and costs, supra, para. 88.
21
In general, and in accordance with Article 57(2) of the Rules, documentary evidence may be presented
together with the briefs submitting the case, of pleadings and motions or answering briefs, as appropriate. Evidence
submitted outside of those procedural opportunities is not admissible, except in the exceptions established in Article
57(2) of the Rules of Procedure (force majeure or serious impediment) or if it concerns a supervening fact, that is, one
that occurred after the aforementioned procedural opportunities.
22
Cf. Article 57 of the Rules; see also Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29,
1988. Series C No. 4, para. 140, and Case of Garzón Guzmán et al. v. Ecuador. Merits, reparations and costs. Judgment
of September 1, 2021. Series C No. 434, para. 33.
19
-9-