The exception to this principle are facts that are classified as supervening, provided that
they are related to the facts of the proceedings. 23 The Court notes that the facts referred to
by the representatives do not explain, clarify or reject those included in the Merits Report
relating to the death of Assistant Commissioner Jorge Omar Gutiérrez and the acts and
omissions by State agents in the investigations opened into this event. Consequently, the
Court will not take them into account in its decision in this case.
B.
Regarding the alleged structural deficiencies
30.
In its answering brief, the State “reject[ed] those passages of the representatives’
brief that allegedly attempted to assimilate the facts of the case to situations of a
systematic or general nature.” Meanwhile, the representatives explained that their pleadings
and motions brief did not include arguments that tried to assimilate the facts of the case to
situations of a systematic nature; rather, they had indicated “institutional structural
deficiencies (of the provincial system of justice and of the functioning of the police involved)
that facilitated the irregularities and intrigues that permitted, established and perpetuated
up until today, the corporate concealment and the impunity of the murder committed by
State agents involved in a criminal network.” On this point, they argued that what “the
State presumably sought to ignore was precisely this dimension of the case, directly related
to the alleged violations and the measures of non-repetition requested.”
31.
The Court notes that, in their pleadings and motions brief, the representatives
included assertions relating to supposed structural deficiencies in the police and judicial
systems responsible for investigating the death of Assistant Commissioner Gutiérrez.
However, these assertions bear no relationship to the dispute before the Commission and do
not refer to specific facts that explain, clarify or reject those contained in the Merits Report
(supra para. 2). Therefore, the Court will not rule in this regard.
VI
EVIDENCE
32.
Based on the provisions of Articles 46, 50, 57 and 58 of the Rules of Procedure, as
well as on its case law concerning evidence and its assessment, 24 the Court will examine
and assess the documentary probative elements forwarded by the parties on different
procedural occasions, the testimony provided by affidavit and during the public hearing, and
also the helpful evidence requested by the Court. To this end, it will abide by the principles
of sound judicial discretion, within the corresponding normative framework. 25
A. Documentary, testimonial and expert evidence
33.
The Court received various documents presented as evidence by the Commission and
by the representatives attached to their principal briefs, as well as helpful evidence
requested by the Court (supra paras. 11 and 13). In addition, it received the affidavits
23
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C
No. 100, para. 57, and Case of the Kichwa indigenous People of Sarayaku, supra, para. 27.
24
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, paras. 69 al 76, and Case of Suárez Peralta v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of May 21, 2013. Series C No. 261, para. 30.
25
Cf. Case of the “White Van” (Paniagua Morales et al.). Merits, supra, para. 76, and Case of Díaz Peña v.
Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 26, 2012. Series C No. 244,
para. 13.
14