-33the alleged victims’ next of kin (supra para. 69), applying the rules of sound criticism
and bearing in mind the State’s observations.
Assessment of the documentary evidence
71.
In this case as in others,14 the Court accepts the probative value of the
documents presented by the parties at the proper procedural opportunity that were
not contested or opposed, and whose authenticity was not questioned.
72.
Regarding the documents requested by the Court based on Article 45 of the
Rules of Procedure which were submitted by the representatives (supra paras. 32
and 34), the Court incorporates them into the body of evidence in this case. Also, in
application of the provisions of the said article of the Rules of Procedure, the
documentation presented by the Commission, the representatives and the State
following the presentation of the application, the requests and arguments brief and
the answer to the application, respectively, are incorporated into the evidence, since
they are considered useful in the instant case.
73.
With regard to the statements made before public notary (affidavits), the
Court admits them to the extent that they are in keeping with the purpose
established in the order of July 29, 2005 (supra para. 27), bearing in mind the
State’s observations during the public hearing (supra para. 31), in particular in
relation to the statements of Benildo José Ricardo Herrera and Leovigilda Rosas
Villalba. Moreover, since the alleged victims’ next of kin have a direct interest in the
case, their statements must be assessed together with all the evidence in the case
and not in isolation, applying the rules of sound criticism.15
74.
In the case of the newspaper articles submitted by the parties, the Court
considers that they can be assessed to the extent that they refer to well-known
public facts, or statements by State officials, or corroborate aspects related to the
instant case.16
75.
The Inter-American Commission contested the evidence submitted by the
State with its final written arguments, because it considered “that it was not offered
or submitted at the corresponding procedural occasion; it does not correspond to the
reports on supervening facts that were requested as useful evidence by the President
of the Court at the end of the public hearing […], and it was not accompanied by an
explanation about its late incorporation into the case file.” It added that “irrespective
of the question of admissibility, there are serious flaws in the documents presented;
which is the only conclusion that can be inferred from the material conditions in
which the documentation was forwarded […]: incomplete, repeated, partially
illegible, damaged and disordered.” It therefore requested the Court to “reject [this
documentation] on the grounds that it is inadmissible and inappropriate.” The State
argued, inter alia, that “the documents submitted as attachments to its final
14
Cf. Case of Blanco Romero et al., supra note 10, para. 43; Case of García Asto and Ramírez
Rojas, supra note 10, para. 88, and Case of Gómez Palomino, supra note 10, para. 45.
15
Cf. Case of Blanco Romero et al., supra note 10, para. 45; Case of García Asto and Ramírez
Rojas, supra note 10, paras. 91 and 95, and Case of Gómez Palomino, supra note 10, para. 50.
16
Cf. Case of Blanco Romero et al., supra note 10, para. 43; Case of García Asto and Ramírez
Rojas, supra note 10, para. 88; and Case of Gómez Palomino, supra note 10, para. 45.
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