December 28, 1977, and accepted the contentious jurisdiction of the Court on July 24,
1984, while the facts of the instant case occurred as of May 16, 1997.
V
EVIDENCE
21.
Based on the provisions of Articles 50, 57 and 58 of the Rules of Procedure, as well as
on the Court’s case law regarding evidence and its assessment,10 the Court will examine and
assess the documentary evidence provided at different procedural opportunities, the
statements of the presumed victims, and the expert opinions provided by affidavit and
during the public hearing before the Court, as applicable. To this end, the Court will abide by
the rules of sound judicial discretion, within the corresponding legal framework. 11
1.
Documentary, testimonial and expert evidence,
22.
The Court has received documents submitted by the Inter-American Commission, the
representatives, and the State together with their main briefs and, on other occasions, in
response to requests by the Court (supra paras. 1, 4, 5, 9 and 10). The Court has also
received the affidavits of presumed victims Pablo Palma Pico and Nelson Palma Mendoza 12
(supra para. 7). All the said documents and statements were forwarded opportunely to the
parties and to the Inter-American Commission so that they could present any observations
they considered pertinent. Regarding the evidence provided at the public hearing, the Court
received the testimony of presumed victims Lidia Bravo and Luis Palma Bravo, and of expert
witness Diego Zalamea León (supra para. 7).
2.
Admission of the documentary evidence
23.
In this case, as in others, the Court grants probative value to those documents
presented opportunely by the parties that were not contested or opposed and the
authenticity of which was not questioned.13
24.
Regarding newspaper articles, this Court has considered that they can be assessed
when they contain well-known public facts or declarations by State officials, or when they
corroborate certain aspects of the case.14 The Court decides to admit the documents that are
complete or that, at least, allow verification of their source and date of publication, and it will
assess them, taking into account the whole body of evidence, the observations of the parties,
and the rules of sound judicial discretion.15
10
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and
reparations. Judgment of June 27, 2012. Series C No. 245, para. 31.
11
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. para. 76, and Case of the
Kichwa Indigenous People of Sarayaku v. Ecuador, para. 31.
12
Cf. Case of Palma Mendoza et al. v. Ecuador. Order of the Court of January 25, 2012, fifth operative
paragraphs. Available at: http://www.corteidh.or.cr/docs/asuntos/palma_25_01_12.pdf
13
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 140, and Case of the Kichwa Indigenous People
of Sarayaku v. Ecuador, para. 35,
14
Cf. Case of Velásquez Rodríguez. Merits, para. 146, and Case of the Kichwa Indigenous People of Sarayaku
v. Ecuador, para. 36.
15
Cf. Case of Velásquez Rodríguez. Merits, para. 146, and Case of the Kichwa Indigenous People of Sarayaku
v. Ecuador, para. 36.
8