17
by the State that, based on these instruments, there is and there was at the time
of the facts a State obligation to pay special attention to victims of sexual violence.
For its part, the Commission indicated that it had no observations on the
documentation forwarded by Mexico.
43.
The Court recalls that Mexico’s Official Norm: NOM-046-SSA2-2005 was
provided by the State in response to a request by the Court during the public
hearing held in this case, and moreover, said document was provided by the State
during the public hearing,38 and whose admission has been accepted by the Court
(supra para. 39). The Court will take into consideration the observations of the
representatives with regard to both documents, together with the body of
evidence, in application of the rules of sound judicial discretion.
44.
Regarding the documents concerning expenses forwarded by the
representatives, Mexico observed that they had not been submitted at the
appropriate procedural opportunity and that, with this late presentation, “the
representatives are attempting to rectify an aspect they omitted to comply with
almost ten months ago.” The Commission indicated that it had no observations to
make in this regard.
45.
In relation to the expense vouchers forwarded by the representatives on
May 25, 2010, the Court observes that they were time-barred; nevertheless, it will
admit them with exception because there was a minimum delay of one day, and
because it does not appear that their admission will impair the State’s defense.
Notwithstanding the abovementioned, the Court will only consider those
documents forwarded with the final written arguments that refer to new costs and
expenses incurred due to the proceedings before this Court, namely, those
incurred subsequent to the brief of pleadings and motions. (infra para. 298).
C.
Assessment of the statements of the alleged victims and of the
testimonial and expert evidence
46.
Regarding the statements of the alleged victims and the witnesses, and the
expert opinions provided during the public hearing and by means of sworn
statements, the Court finds them pertinent only to the extent that they comply
with the purpose defined by the President of the Court in the Order which required
they be submitted (supra paras. 28 and 29), and in conjunction with the other
elements of the body of evidence, taking into account the observations made by
the parties.39
47.
The Court observes that the State in presenting its observations on the
affidavits sent to it on March 31, 2010 was two days late.40 The original time frame
for forwarding the observations expired on April 7, 2010, which was extended until
April 13, 2010, at the State’s request. Despite this, Mexico submitted said
observations at the end of the public hearing on April 15, 2010.
48.
The representatives asked the Court not to take into consideration said
observations of the State because the brief “was time-barred,” and following an
38
Mexican Official Norm NOM-046-SSA2-2005 “Domestic Violence, Sexual Violence, and Violence
against Women. Criteria for Prevention and Attention”; published in the Official Gazette of the Federation
on April 16, 2009. Cf. Record of receipt of documents, supra note 37, numeral 22.
39
Cf. Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43;
Case of Chitay Nech et al, supra note 18, para. 56, and Case of Manuel Cepeda Vargas , supra note 18,
para. 65.
40
Following an extension granted by the Court, the State forwarded its observations on Mrs.
Eugenio Manuel’s affidavit (Cf. case file on the merits, tome IV, folio 1580).