a)
Karen Atala Riffo, the alleged victim proposed by the representatives, who
made a statement regarding: i) the alleged violation of her rights from the beginning
of the custody proceeding of her daughters and ii) the alleged impact of the decision
issued by the Supreme Court of Chile on her personal and family life;
b)
Juan Carlos Marín, an expert witness proposed by the representatives, a
Chilean lawyer and professor of Civil Law at the Instituto Tecnológico Autónomo of
Mexico, who rendered an expert opinion regarding: the use of the recurso de queja
(remedy of complaint) and its exceptional use;
c)
Robert Warren Wintemute, an expert witness proposed by the
representatives, Professor of Human Rights at King’s College London, who rendered
an expert opinion regarding: the status of International Law regarding discrimination
based on sexual orientation, with emphasis on the European Human Rights System;
d)
Rodrigo Uprimny, an expert witness proposed by the Commission, an expert
on the right to equality and non-discrimination, who rendered an expert opinion
regarding: i) international human rights standards related to sexual orientation and
their links with the rights to equality, non-discrimination and private life and ii) the
treatment of sexual orientation under international law as a prohibited criterion for
discrimination, and as an aspect of a person’s private life and the relevant case law
in the universal human rights system, in other regional systems and in comparative
law;
e)
Allison Jernow, an expert witness proposed by the Commission, a lawyer with
the International Commission of Jurists and coordinator of the project on sexual
orientation and gender identity, who rendered an expert opinion regarding: i) the
use of sexual orientation as a factor in judicial decisions regarding custody, in light of
international human rights standards in the matter of equality, non-discrimination
and private and family life; and ii) the relationship between the standards of
international human rights law and custody issues in the present case, and
f)
Emilio García Mendez, an expert witness proposed by the Commission, an
international adviser on the rights of the child, who rendered an expert opinion on: i)
international standards on the human rights of children applicable to cases related to
care and custody; ii) the way in which the best interests of children and their right to
participate and be heard in procedures concerning them, must be reflected in the
practice of the judicial authorities who decide such cases and iii) the harm caused to
the child’s best interests when discriminatory prejudices are applied in such
decisions.
B.
Admission of Documentary Evidence
19.
In the case at hand, as in many other cases28, the Court admits the evidentiary value
of such documents timely forwarded by the parties, which have not been disputed or
challenged, or their authenticity questioned, only insofar as these are pertinent and useful
to determine the facts and their possible legal consequences.
28
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
140; and Case of Fontevecchia and D`Amico v. Argentina. Merits, Reparations and Legal Costs. Judgment of
November 29, 2011. Series C Nº. 238, para. 13.
11