minimum wage of an office worker in Bolivia from 1972 to 1981, issued by the
appropriate competent authority, as additional evidence.
28.
On November 6, 2001, CEJIL, representing the victim and his next of kin,
forwarded a brief in which it requested an extension until November 23, 2001, to
present the information requested by the Secretariat regarding the questions that
the Court had asked the State during the public hearing on reparations (supra para.
20). An extension was granted until November 21, 2001.
29.
On November 15, 2001, the Commission forwarded a brief in which it referred
to the information on the questions that the Court had asked the State during the
public hearing on reparations (supra para. 20). In this brief, it stated that
“considering the questions raised by the Honorable Court refer to Bolivia’s domestic
legislation, the Commission understands that it is primarily the State who should
respond to such questions” and requested that “it establish a period for making
observations on the State’s reply, once this had been presented.” It also made
“some comments on [… the] obligation [of Bolivia] to diligently investigate,
prosecute and punish those responsible for the illegal detention, torture and forced
disappearance of José Carlos Trujillo Oroza, […] in view of the most recent actions of
the State’s domestic jurisdictional organs.”
30.
On November 22, 2001, CEJIL referred to the issues raised concerning the
questions that the Court had asked the State during the public hearing on
reparations (supra para. 20).
31.
On November 27, 2001, the State presented a brief with which it attached a
copy of constitutional judgment Nº 1190/01-R issued by the Constitutional Court of
Bolivia on November 12, 2001.
32.
On November 28, 2001, CEJIL presented two briefs to which it attached a
copy of the press communiqué of the Public Relations Unit of the Constitutional Court
of Bolivia of November 20, 2001, with regard to judgment Nº 1190/01-R issued by
that court on November 12, 2001, and some documents relating to the questions
that the Court had asked the State during the public hearing on reparations (supra
para. 20).
IV
EVIDENCE
33.
Before examining the evidence received, in this chapter the Court will define
the general criteria that it uses to evaluate evidence and will make some
observations that are applicable to this specific case, most of which have been
developed previously in the jurisprudence of this Court.
34.
Article 43 of the Rules of Procedure establishes that:
[i]tems of evidence tendered by the parties shall be admissible only if previous
notification thereof is contained in the application and in the reply thereto and, when
appropriate, in the document setting out the preliminary objections and in the answer
thereto. Should any of the parties allege force majeure, serious impediment or the
emergence of supervening events as grounds for producing an item of evidence, the
Court may, in that particular instance, admit such evidence at a time other than those
indicated above, provided that the opposing parties are guaranteed the right of defense.