10
defendants in the proceedings for the kidnapping of María Edith Bordón de Debernardi and that
“[a]ny allegation of irregularities in these proceedings must be submitted to the consideration of
the Court of Judgments designated for the public and oral trial [of that] case.”21 Subsequently, on
November 7, 2011, the State indicated that the process for the kidnapping of María Edith Bordón
de Debernardi “must necessarily be separated from the facts of the alleged deprivation of liberty
and torture committed against Mr. Arrom and Mr. Martí, and in that sense, any argument or
irregularity must be put to the consideration of each body that intervenes in said processes
separately.”22
36.
In the Report on the Merits, the Commission notes that:
The petitioners stated that the State violated their rights in the judicial process regarding
the kidnapping of Mrs. María Edith Bordón. The State maintained that the possible
irregularities in said process must be discussed in the national courts and that the
Commission is not competent to rule on the matter. The Commission considers that the
matter on which it will rule is mainly the alleged disappearance and torture of Juan
Arrom and Anuncio Martí; however, it notes that the facts of the case are intertwined
with the process for the kidnapping of Mrs. Bordón. Therefore, it will address this last
process whenever it is related to the possible violations raised by the alleged victims.
37. The Court notes that the publication entitled “Enemies of the Paraguayan People WANTED”
happened eight years after the investigation into the alleged forced disappearance of Messrs.
Arrom Suhurt and Martí Méndez was carried out and that they occurred within the framework of
a different judicial proceeding. Therefore, regardless of the conclusions reached by the
Commission in the Report on the Merits, this Court does not consider that these are supervening
facts within the petition initially submitted for consideration of the Commission, nor are they
related to the alleged violations of judicial guarantees and effective judicial remedy in the
framework of the investigation for the alleged forced disappearance. Thus, it has no relation to
the factual framework of this case.
38. Consequently, the inclusion in the Report on the Merits of the publication entitled “Enemies
of the Paraguayan People” is not related to the object of the litigation. Therefore, it cannot be
considered part of the factual framework of the case. Additionally, it is necessary to highlight that
the Commission did not examine the admissibility of these facts. Thus, the Court will not take into
account the publication entitled “Enemies of the Paraguayan People WANTED” nor will it examine
the violations alleged in its regard.
V
EVIDENCE
A. Admissibility of documentary evidence
39. The Court received various documents presented as evidence by the Commission, the
representatives and the State, as well as those requested by the Court or its Presidency as
evidence to facilitate adjudication, which, as in other cases, it admits with the understanding
that they were presented at the appropriate procedural moment (article 57 of the Rules of
Procedure)23 and their admissibility was not disputed or challenged.
Cf. Brief of the State of February 28, 2011 before the Commission (evidence file, f. 1541).
Cf. Brief of the State of November 7, 2011 before the Commission (evidence file, f. 2419).
23
Documentary evidence may be submitted, in general and in accordance with Article 57.2 of the Rules of
Procedure, together with the submission brief, the brief of pleadings, motions and evidence, or the answering brief,
respectively. Evidence submitted outside of these procedural opportunities is not admissible, other than in the
exceptions established in article 57(2) of the Rules of Procedure (namely, force majeure or serious impediment) or
unless it was a supervening event, that is, it occurred after the aforementioned procedural moments. cf. Case of the
21
22