corroborate aspects related to the case.10 The Court also admits documents that are
complete, or at least, those whose source and date of publication can be verified.
A. Documentary, testimonial and expert evidence
22.
The Court received documents submitted by the Inter-American Commission, the
representatives and the State. In addition, it received the statements of three alleged
victims, namely: 1) Yolanda Margarita González; 2) Jaime Josué Castillo González, and 3)
Julijay Castillo González. Furthermore, it received statements from Luz Marina Márquez
Frontado and Ricardo Soberón, proposed by the representatives, and Rafael Finol Ocando,
proposed by the State, as well as the expert reports of Raúl Cubas, Alfredo Infante, Claudia
Carrillo, Claudia Samayoa and Pedro Berrizbeitía, proposed by the representatives. As to the
testimony rendered at the public hearing, the Court received the statements of Yelitze
Lisbeth Moreno Cova, an alleged victim; Elvis José Rodríguez Moreno, a witness proposed by
the State; Michael Reed Hurtado, an expert witness proposed by the representatives; and
Antonio Uribarrí, an expert witness proposed by the State.
B. Admission of documentary evidence
23.
The Court notes that the representatives and the State forwarded several documents
with their final written arguments. Along with its answer, the State presented a copy of part
of the record of the prosecutorial investigation No. 24-F20-817-2003, processed before the
20th Prosecutor’s Office, and, upon submitting its final arguments, completed said file. The
representatives also submitted documents with their final written arguments. The parties
and the Commission were afforded the opportunity to submit observations. The Commission
did not present any observations.
24.
It should be noted that among the documents submitted with the closing arguments,
there is a letter dated June 2, 2008 and signed by Antonio Urribarrí, the then Ombudsman
of the State of Zulia, addressed to the 20 th Prosecutor’s Office, as well as two official letters
dated July 27, 2010 and May 19, 2011 from the 20th Prosecutor’s Office (infra para. 96);
although the parties and the Commission were given the opportunity to comment on said
letter, they did not do so.
25.
Although according to the Rules of Procedure only documents submitted with the
closing arguments are admissible and within the exceptional circumstances contemplated,11
in this case, the representatives made a specific request in their pleadings and motions
brief, which was reiterated on several occasions, that the State forward a complete copy of
the files on the proceedings before the domestic courts related to the facts of this case. At
the meeting prior to the public hearing12 the State indicated that it would gather these for
this case. In consideration of the foregoing, the Court admits the documentation attached to
the closing arguments of the State, insofar as these relate to the request made at the pretrial meeting, and provided that procedural fairness is not breached.
10
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 146
and Case of Vélez Restrepo and relatives v. Colombia. Preliminary Objection, Merits, Reparations and Costs
Judgment of September 3, 2012. Series C No. 248, para. 62.
11
Article 57 of the Rules of Procedure.
12
It is a constant practice of the Court to convene the Commission and the parties to a meeting prior to the
public hearing, in order to discuss and clarify procedural aspects of the hearing.
7