27
68.
In regard to the declarations of the alleged victims, the State formulated
clarifications or opinions on some matters raised in the depositions of Mrs.
Victória Lavinia Grabois Olímpio and Diva Soares Santana.
69.
Pursuant to the jurisprudence of the Court, the declarations rendered by
the alleged victims cannot be assessed in isolation but rather together with the
body of evidence in the process, given that they are useful in the sense that
they can offer more information on the alleged violations and their
consequences.57 The Court notes that the observations of the State refer to
certain aspects regarding the content of both statements, but that it does not
contest the admissibility of them. Based on the aforementioned, the Court
admits said statements, without failing to consider that the evidence be
assessed under the mentioned criteria (supra para. 67) and under the rules of
sound judgment.
70.
Moreover, the Inter-American Commission, the representatives, and the
State presented observations on some testimonial statements. The Commission
and the representatives raised other aspects regarding the testimony of Mr.
Antunes da Silva. In addition, the representatives added that “the witness
exceeded the limits of the objective of his declaration per the Order of [the
President,]” which was limited to the activities related to the project Memory
Revealed, when he discussed the domestic regulations and the comparative
experience. In its final arguments, the State responded to said observations,
maintaining, inter alia, that the record, in the affidavit, of a small comparative
analysis of the evidence of other countries is the product of the results obtained
by the limited contact that the witness has maintained with the representatives
and the practitioners of the various archive institutions in Latin America.
Moreover, Brazil noted that “the reason for the commentary made regarding the
‘reference to domestic legislation’ was not entirely clear.” It stated that if said
observation refers to the access to information, it should be noted that one of
the main reasons for the Project Memory Revealed is access to information, and
as such the mention of domestic law is appropriate. On the other hand, the
representatives made observations on the content of the testimony of Mr. Müller
Neto, which the State responded to in its final arguments.
71.
The Court noted that neither the Inter-American Commission nor the
representatives contested the admissibility of the two mentioned witnesses, but
rather they made the clarifications or opinions that they deemed appropriate in
content. The Court will assess the content of said declarations as well as the
observations indicated, where necessary, in the corresponding sections of this
Judgment, in accordance with the appropriate criteria (supra. para. 67). On the
other hand, the Court noted that the testimony of Mr. Antunes da Silva refers to
the purpose indicated and that the concise comparative references on
experiences in the region and the norms that regulate the access to information
and activity of the Archive are not outside of the scope.
72.
Lastly, the State and the representatives addressed specific expert
opinions. Brazil made observations on the expert reports of experts Piovesan,
Loreti, Bicudo, Endo, and Uprimny. In regard to the first two, the State offered
information and its opinion on the content without contesting the admissibility.
On the other hand, in regard to the expert report by expert Bicudo, Brazil
indicated that only one part of the expert report “in paragraphs 13 to 38, is in
line with its purpose” and that there are statements that are of the personal
57
Cf. Case of the “White Van” (Paniagua-Morales et al.). Reparations and Costs, supra note 45,
para. 70; Case of Rosendo Cantú et al. supra note 45, para. 52, and Case of Ibsen Cárdenas and
Ibsen Peña, supra note 24, para. 48.
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