granting these opinions probative value.” The State also presented observations on the
assessment that should be made of the testimony for information purposes of Carlos
Bacigalupo Salinas, specifically that “under no circumstances, can [his statement] have the
persuasive power of an expert opinion,” and on the coherence, consistency and exactitude
of the content of his statement and also that of expert witness Federico Andreu Guzmán.
The Court will take these observations into account when assessing this evidence while
examining the merits of the case.
73. On December 12, 2013, the representatives forwarded a video identified as a “10minute spot” as an attachment to the affidavit of Juan Francisco Lanao Anzola. The State
objected to the admission of this attachment, considering it time-barred. The Court notes
that the time limit for the forwarding of the affidavit expired on November 7, 2013, as
established in the Order of the President of October 16, 2013. Therefore, the Court finds
that the said video is inadmissible due to its late presentation.
C. Assessment of the evidence
74. Based on Articles 46, 47, 48, 50, 51, 57 and 58 of the Rules of Procedure, as well as
on its consistent case law concerning evidence as its assessment, 78 the Court will examine
and assess the documentary probative elements forwarded by the parties and the
Commission, the statements, testimony, and expert opinions, and also the helpful evidence
requested and incorporated by this Court in order to establish the facts of this case and to
rule on the merits. To this end, it will abide by the principles of sound judicial discretion,
within the corresponding legal framework, taking into account the whole body of evidence
and all the arguments presented in the case. 79
75. Regarding the videos presented by the representatives and the Commission, the Court
will assess their content in the context of the body of evidence and applying the rules of
sound judicial discretion. 80 Also, as regards articles or texts referring to events related to
the case, the Court considers that these have been published and contain statements or
affirmations by their authors for public distribution. Accordingly, the assessment of their
contents is not subject to the formalities required of testimonial evidence. However, their
probative value will depend on whether they corroborate or refer to aspects related to this
specific case. 81
76. Furthermore, in keeping with this Court’s case law, the statements made by the
presumed victims cannot be assessed in isolation, but only together with all the evidence
in the proceedings, to the extent that they may provide further information on the
presumed violations and their consequences. 82
78
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998. Series C
No. 37, paras. 69 to 76, and Case of Tarazona Arrieta et al. v. Peru. Preliminary objection, merits, reparations and
costs. Judgment of October 15, 2014. Series C No. 286, para. 28.
79
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998. Series C
No. 37, para. 76, and Case of Tarazona Arrieta et al. v. Peru. Preliminary objection, merits, reparations and costs.
Judgment of October 15, 2014. Series C No. 286, para. 28.
80
Cf. Case of Ríos et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January
28, 2009. Series C No. 194, para. 93, and Case of Osorio Rivera and family members v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 40.
81
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 72, and Case of Gutiérrez and family v. Argentina. Merits, reparations
and costs. Judgment of November 25, 2013. Series C No. 271, para. 38.
82
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and
Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No.
275, para. 49.
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