IV
JURISDICTION
18.
The Inter-American Court has jurisdiction to hear this case in
accordance with Article 62(3) of the Convention, as Ecuador has been a State
Party to the American Convention since December 28, 1977, and recognized
the contentious jurisdiction of the Court on July 24, 1984.
V
EVIDENCE
19.
Based on the provisions of Articles 46 and 50 of the Rules of
Procedure, as well as on its jurisprudence relative to evidence and the
examination thereof,7 the Court will examine and weigh the documentary
evidence submitted by the parties on various occasions during the
proceedings, as well as the statements of the victims and the expert witness
reports given via affidavit and during the public hearing before the Court,
along with the evidence to facilitate adjudication of the case requested by the
Tribunal (supra para. 9). In doing so, the Court will follow the rules of sound
judgment within the applicable legal framework.8
A.
Documentary, testimonial, and expert evidence
20.
The Tribunal received various documents presented as evidence by the
Inter-American Commission, the representative, and the State along with
their principal briefs (supra paras. 1, 4, and 5). Likewise, the Court received
the testimony given before public notaries (affidavits) by the following alleged
victims and expert witnesses:
a) Agustín Abraham Vera Vera. Alleged victim. Brother of Pedro Miguel
Vera Vera. Testimony offered by the representative. Addressed the
effects allegedly suffered by Mr. Pedro Miguel Vera Vera, his mother,
his stepfather, and his siblings as a result of the facts alleged in this
case.
b) Francisco Rubén Vargas Balcázar. Alleged victim. Stepfather of
Pedro Miguel Vera Vera. Testimony offered by the representative.
Addressed the measures taken before medical officials and State
authorities so that they would provide adequate medical care to Mr.
7
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala. Preliminary
Objections. Judgment of January 25, 1996. Series C No. 23, para. 50; Case of Cabrera García
and Montiel Flores V. México. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 26, 2010. Series C No. 220, para. 24, and Case of Abrill Alosilla V. Perú. Merits,
Reparations and Costs. Judgment of March 4, 2011. Series C No. 223, para. 35.
8
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala, supra note 7, para.
76; Case of Cabrera García and Montiel Flores V. México, supra note 7, para. 24, and Case of
Abrill Alosilla V. Perú, supra note 7, para. 35. In its answer to the application, the State offered
testimonial evidence. Nevertheles, via communication of December 8, 2010, withdrew it.
9