29
91.
Regarding the affidavits given by Urcesino Ramírez-Rojas and Celia AstoUrbano (supra para. 86), pursuant to the Order of the President of March 18, 2005
(supra para. 24), the Court admits them into the body of evidence of the instant case
insofar as they refer to the purpose stated in said Order and shall assess them
applying thereto the standards of reasonable credit and weight analysis, taking into
consideration the acknowledgment of facts made by the State and the observations
filed by the parties (supra paras. 31, 32, and 52). As the Court has held, the
testimonies of the alleged victims and/or their next of kin are useful insofar as they
can supply additional information on the alleged violations and the consequences
thereof.14 Furthermore, the Court understands that the testimony of Urcesino RamírezRojas cannot be assessed separately as it relates to an alleged victim who holds a
direct interest in the outcome of the case; rather, it should be assessed as part of the
whole body of evidence in the proceedings.
92.
Regarding the statements not taken before a notary public made by expert
witnesses Mario Pablo Rodríguez-Hurtado and José Daniel Rodríguez-Robinson, as
proposed by the Commission (supra para. 86), the Court shall admit them as part of
the whole body of evidence in the instant case, and shall assess them applying thereto
the standards of reasonable credit and weight analysis. On other occasions, the Court
has admitted sworn statements which were not given before a public official with
authority to confer full faith and credit to the acts passed before him provided that the
principles of legal certainty and procedural equality between the parties15 are not
impaired. The Court shall admit the expert opinion of Carlos Rivera-Paz, which was
incorporated into the body of evidence in the instant case by Order of March 18, 2005
(supra para. 24) and shall assess it accordingly by the rules of sound judgment.
93.
Regarding the press documents submitted by the parties, the Court has found
that even though these documents lack evidentiary nature per se, they may be
assessed insofar as they refer to public and notorious facts or statements given by
State officials, or where they corroborate aspects related to the instant case.16
94.
Furthermore, pursuant to Article 45(1) of the Rules of Procedure, the Court
shall admit as part of the body of evidence of the instant case the Constitution of Peru
of 1993, Decree-Laws Nos. 27.226 and 25.553, and the amendments to the Criminal
Procedural Code which were not submitted by the State, as they are deemed helpful
for the adjudication of the instant case.
Testimonial evidence assessment
14
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 81; Case of Raxcacó-Reyes, supra note
10, para. 39, and Case of Gutiérrez-Soler, supra note 6, para. 45.
15
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 82; Case of Yatama. Judgment of June
23, 2005. Series C No. 127, para. 115; and Case of the Serrano-Cruz Sisters. Judgment of March 1, 2005.
Series C No. 120, para. 39.
16
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 79; Case of the Girls Yean and Bosico,
supra note 1, para. 96, and Case of Yatama, supra note 15, para. 119.
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