11
Ortega, since her quality of dismissed provisional judge is also not considered reason
enough to dismiss her statement. The statements of both witnesses, however, are by
themselves insufficient to consider the facts they state as proven, instead they must
be compared with the rest of the evidence in the case file and pursuant with the
rules of competent analysis. Likewise, the Court will assess in the merits of the
matter the statement of the witness Irazu Silva and will prove with the rest of the
body of evidence if his assertions lack or not grounds.
38. In what refers to the personal opinions stated by the mentioned witnesses, the
Court reiterates that when a person is called to declare as a witness, that person
may refer to the facts and circumstances he is aware of with regard to the object of
their statement, avoiding to offer their personal opinions.23 Therefore, the Court will
ignore any opinion merely personal expressed by the witnesses in their affidavits.
39. Regarding the statement of the expert Zeitune, the State pointed out that he
has the condition of Legal Advisor for Latin America of the International Jurists
Commission and that “one of the […] judges of [the] Inter-American Court acts as
Commissioner of the International Jurists Commission.”
40. In this sense, the Tribunal points out that none of its judges is a member of the
International Jurists Commission. Therefore, the State’s observation is not
admissible.
41. Venezuela also stated that the conclusions of the experts Zeitune and Canova
González have no legal or objective grounds, and that the expert Arteaga Sánchez
made unfounded conjectures.
42. Unlike witnesses, who shall avoid offering personal opinions, experts may offer
technical or personal opinions as long as they refer to their special knowledge or
experience. Additionally, the experts may refer both to specific matters of the action
or any other relevant subject of the litigation, as long as they are limited to the
object for which they were convened. 24 The experts’ conclusions shall be well
founded.
43. Now, the State’s objection shall be analyzed when the Tribunal goes on to study
the merits of the matter. In the assumption that the expert’s conclusions are
unfounded, that means of evidence will not be taken into account; if they are well
founded, it will. In other words, it is a matter of evidentiary weight and not of
admissibility of the evidence. Therefore, the Tribunal admits the statements of the
mentioned experts and it will assess them along with the body of evidence and
pursuant with the rules of competent analysis.
44. Regarding the statement of the alleged victim, the State indicated that it did
not adjust to the truth in reference to two events: a) the alleged lack of notification
to Mrs. Reverón Trujillo of the precautionary measures issued by the Inter-American
Commission in favor of a defendant in a case in which Mrs. Reverón Trujillo was
acting as judge, and b) the alleged infringement of the alleged victim’s right to
retirement.
45. The Court indicates that point a) is not an object of the present case, and
therefore it will not consider it. Regarding point b), the Tribunal will analyze Mrs.
23
Cf. Case of Reverón Trujillo v. Venezuela, supra note 3, eighteenth considering clause, and Case
of González et al. (“Cotton Field”) v. Mexico. Order of the President of the Court of March 18, 2009, fortyseventh considering clause.
24
clause.
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra note 23, seventy-fifth considering