15
specific case.33 Consequently, and given the general nature of the State’s
opposition, the Court decides to admit them and will assess them as it deems
pertinent, taking into account the body of evidence, the observations of the State,
and the rules of sound judicial discretion. Similarly, it will incorporate into the body
of evidence of this case the documents that refer to the Mexican system of justice,
because the Court considers that they are pertinent inasmuch as they relate to the
alleged violation of the rights to judicial guarantees and to judicial protection
established in Articles 8 and 25 of the American Convention, which form part of the
matter in dispute in this case.
34.
Regarding the newspaper Articles forwarded by the representatives, this
Court has found that they may be assessed when they refer to well-known public
facts or statements made by State officials, 34 or when they corroborate aspects of
the case.35 The Court has verified that the date of publication of some of these
documents is illegible. Nevertheless, none of the parties objected to the
documents on this basis or questioned their authenticity. The Court decides to
admit the documents that are complete or that, at least, allow their source and
date of publication to be determined, and will assess them taking into account the
body of evidence, the State’s observations, and the rules of sound judicial
discretion.
35.
Likewise, the Court adds other documents to the body of evidence, in
application of Article 47(1) of the Court Rules of Procedure, because it deems
them useful to the resolution of this case.36
36.
Furthermore, with regard to the documents provided by the representatives
and the State following the submission of the pleadings and motions brief and the
brief in response to the application, respectively, the Court finds it opportune to
recall that Article 46 of the Rules of Procedure, which regulates the admission of
evidence, establishes:
1. Items of evidence tendered by the parties shall be admissible only if they are
offered in the application of the Commission, in the pleadings, motions and evidence of
the alleged victims, in the response to the application and observations to the pleadings
33
Cf. Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of November 23, 2009. Series C No. 209, para. 72.
34
For purposes of this Judgment, the Court will use the terms officials, employees, and public
servants without distinction.
35
Cf. Case of Velásquez Rodríguez, supra note 27, para. 140; Case of Chitay Nech et al., supra note
18, para. 55, Case of Manuel Cepeda Vargas, supra note 18, para. 60.
36
UN. Office of the High Commissioner for Human Rights, Professional Training Series No. 8,
Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and other Cruel,
inhuman
or
degrading
treatment,
New
York
and
Geneva,
2001
(http://www.ohchr.org/Documents/Publications/training8Rev1sp.pdf);
Word
Health
Organization,
Guidelines
for
medico-legal
care
for
victims
of
sexual
violence,
Geneva,
2003
(http://www.who.int/violence_injury_prevention/resources/publications/med_leg_guidelines/en/);
Criminal Code of the state of Guerrero, published in the Official Gazette on November 14, 1986,
(http://www.guerrero.gob.mx/pics/legislacion/183/CPEG.pdf); Code of Criminal Procedure of the state
of
Guerrero,
published
in
the
Official
Gazette
on
February
5,
1993,
(http://www.guerrero.gob.mx/?P=leyesdetalle&key=19&tipo=2&mode=1&file=185); Civil Code of the
Free and Sovereign State of Guerrero, published in the Official Gazette on January 2, 1993
(http://www.guerrero.gob.mx/?P=leyesdetalle&key=19&tipo=2&mode=1&file=190); Federal Criminal
Code of Mexico, published in the Official Gazette of the Federation on August 14, 1931,
(http://www.diputados.gob.mx/LeyesBiblio/pdf/9.pdf); Federal Code of Criminal Procedure, published in
the
Official
Gazette
of
the
Federation
on
August
30,
1934
(http://www.diputados.gob.mx/LeyesBiblio/pdf/7.pdf), and the Mexican Code of Military Justice,
published
in
the
Official
Gazette
of
the
Federation
on
August
31,
1933
(http://www.diputados.gob.mx/LeyesBiblio/pdf/4.pdf).