12
Court admits the journalistic articles and the video of the statements of María Edith Bordón,
as it considers them supervening facts related to this case. Regarding the pages of the
aforementioned book, the Court notes that it is already part of the evidentiary file of the case,
hence it does not deem it necessary to rule on its admissibility.
B.
Admissibility of testimonial and expert evidence
43. The Court heard the statements of Juan Francisco Arrom Suhurt, Cristina Haydée Arrom
Suhurt, Óscar Germán Latorre Cañete, and Edgar Gustavo Sánchez Caballero during the public
hearing. Additionally, the representatives provided the Court the affidavits sworn by sixteen
people on January 24 and 26, 2019 32. For his part, Marcelo Kimati Dias, expert witness offered
by the representatives, provided the medical-psychiatric expert studies performed on Messrs.
Arrom and Martí on January 31, 2019. The State provided the affidavits sworn by Adolfo René
Marín Ferreira and Juan Carlos Duarte Martínez, as well as the expert opinions of Pablo Ernesto
Lemir Marchese and Nicolás Garcete on January 31, 2019. The Commission provided the Court
with the expert opinion of Víctor Madrigal Borloz on January 31 and February 1, 2019.
44. Considering they were not challenged by the parties, the Court finds it appropriate to
admit the statements of Juan Francisco Arrom Suhurt, Cristina Haydée Arrom Suhurt, Óscar
German Latorre Cañete, Edgar Gustavo Sánchez Caballero, Anuncio Martí Méndez, María
Auxiliadora Arrom de Orrego, Carmen Edilia Arrom de Cabello, Carmen Marina Arrom Suhurt,
María Cristina Martí Méndez, Marta Ramona Martí de Páez, Héctor Raúl Marín Peralta, Federico
Aníbal Emery, Esperanza Martínez, Carlos Portillo Esquivel, Mario Torres, Víctor Antonio
Colmán Ortega, Liza Liana Larriera Rojas, Gloria Elizabeth White, Elena Mendez Vda. de Martí,
and Paulo Ezequias de Jesús, insofar as they relate to their purpose as defined in the Order in
which they were required by the Presidency (supra para. 11). The arguments presented
regarding the assessment of this statements will be taken into account when examining said
evidence.
45. On the other hand, the Court notes that the State asked the Court to declare
inadmissible the expert opinions of Marcelo Kimati Dias and Víctor Madrigal Borloz because,
among other things, the version signed by a notary public arrived after the deadline for
presenting said expert opinions had expired. In this regard, the Court notes that a version of
both statements arrived on January 31, 2019, the deadline for their presentation. However,
these versions did not meet the requirement of having been done before a notary public. On
February 1, 2019, the Commission provided Mr. Madrigal’s expert opinion done before a notary
public, while the expert opinion of Marcelo Kimati Dias before a notary public was received on
February 25, 2019. The Commission indicated that the delay had been due to imponderable
reasons, and the representatives did not present arguments in this regard. Due to the fact
that the Commission and the representatives did not duly justify the extemporaneous
presentation of the expert opinions, this Court decides to declare them inadmissible following
the provisions of Article 57(2) of the Court’s Rules of Procedure.
lose their refugee status,” of March 13, 2019, and (iv) Note from the newspaper Última Hora, titled “Bolsonaro
promises to Abdo not to grant asylum to bandits hidden in Brazil,” of March 13, 2019. For its part, the video provided
consists of an interview with Maria Edith Bordón de Debernardi on March 11, 2019 on the television program “Algo
Anda Mal,” which is available at the following link: https://www.youtube.com/watch?v=kxRexb5Hod8
32
The representatives provided the statements before a notary public (affidavits) of Anuncio Martí Méndez, María
Auxiliadora Arrom de Orrego, Carmen Edilia Arrom de Cabello, Carmen Marina Arrom Suhurt, María Cristina Martí
Méndez, Marta Ramona Martí de Páez, Héctor Raúl Marín Peralta, Federico Aníbal Emery, Esperanza Martínez, Carlos
Portillo Esquivel, Mario Torres, Víctor Antonio Colmán Ortega, Liza Liana Larriera Rojas, Gloria Elizabeth Blanco, Elena
Mendez Vda. of Martí, and Paulo Ezequias of Jesus.