Beltrán Hernández were not made before notary public. The representatives explained why
it was not possible to provide these statements before notary public and to notarize them. 73
Regarding the reception and assessment of evidence, the Court has indicated that the
proceedings before the Court are not subject to the same formalities as domestic judicial
proceedings, and that the incorporation of certain elements of the body of evidence must be
made paying special attention to the circumstances of the specific case. 74 Furthermore, on
other occasions, the Court has admitted sworn statements that were not made before
notary public, when this does not affect legal certainty and the procedural equality of the
parties, 75 both of which are respected and ensured in this case. Therefore, the Court admits
the said statements and will take into account that they were not made before notary
public, to the extent that this is pertinent, when assessing the said evidence.
71. Colombia also argued that all the questions posed by the State were not answered in
the statements of Sandra Beltrán Hernández, Consuelo Anzola Mora, Edison Esteban
Cárdenas, Julia Figueroa, Luis Carlos Ospina, Ludy Esmeralda Suspes, Stephanny Beltrán,
Fabio Beltrán Hernandez, Orlando Quijano and José Vicente Rubiano “and, consequently,
they were obtained disregarding the principle of adversarial proceedings that should be
ensured to the State.” 76 In this regard, the Court recalls that it has indicated that the fact
that the Rules of Procedure establish the possibility of the parties posing written questions
to the deponents offered by the other party and, when appropriate, by the Commission,
imposes the related obligation of the party offering the testimony to coordinate and take the
necessary steps to forward the questions to the deponents and to ensure that they include
the respective answers. In certain circumstances, the failure to answer different questions
may be incompatible with the obligation of procedural cooperation and the principle of good
faith that regulate the international proceedings. Nevertheless, this Court has considered
that failure to answer the questions of the other party does not affect the admissibility of a
statement and, based on the implications of a deponent’s silence, may have an impact on
the probative value of the respective statement, an aspect that must be assessed when
examining the merits of the case. 77
72. The representatives presented observations on the expert opinions of Carlos Delgado
and Máximo Duque Piedrahíta, and asked that the Court take them into account “when
73
The representatives explained that María de los Ángeles Sánchez, Orlando Quijano’s mother, is very elderly –
100 years old – so that, even though “she is extremely lucid, […] it was difficult for her to go to the notary’s office”; it
therefore asked the Court “to take into account this special circumstance of force majeure when assessing the validity
of her statement.” Regarding Fabio Beltrán Hernández, the representatives indicated that he had lost his identification
documents, and provided evidence of this. With regard to Raúl Lozano, the representatives requested an extension of
the time limit to present the notarized version of his testimony because he lived in a distant rural area. On the
instructions of the President, an extension was granted until November 15, 2013, but the representatives did not
present the notarized version. This is recorded in the Secretariat’s letter REF.: CDH-10.738/134 of December 2, 2013.
74
Cf. Case of Lori Berenson Mejía v. Peru. Merits, reparations and costs. Judgment of November 25, 2004. Series C
No. 119, para. 64, and Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of August 27, 2014. Series C No. 281, para. 32.
75
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25,
2006. Series C No. 160, para. 189, and Case of Artavia Murillo et al. (In vitro fertilization) v. Costa Rica. Preliminary
objections, merits, reparations and costs. Judgment of November 28, 2012. Series C No. 257, para. 58.
76
The State also asked that the Court “exclude from [its] assessment of the evidence all those statements that
exceed the limits indicated by the President” in his Order requesting them. In particular, the State argued that, in their
statements, some of the presumed victims made references that went beyond their own family profile and were
related to other presumed victims or to the events of the case and the actions of the authorities. As previously
indicated, the Court admits the said statements only insofar as they are in keeping with the purpose defined by the
President in the Order requiring them (supra para. 69).
77
Cf. Case of Díaz Peña v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 26,
2012. Series C No. 244, para. 33, and Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits,
reparations and costs. Judgment of May 19, 2014. Series C No. 277, para. 56.
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