14
of January 20, 1989. Series C No. 5, para. 133, and Fairén Garbi and Solís Corrales
Case, Judgment of March 15, 1989. Series C No. 6, para. 130).
39.
In the instant case, the Court accepts the evidentiary value of the documents
submitted by the victim’s next of kin and by the State that were neither contested
nor objected to, and whose authenticity was not challenged; hence, the Court
regards them as valid (Suárez Rosero Case, Judgment of November 12, 1997. Series
C. No. 35, para. 29, and cf. Loayza Tamayo Case, Reparations, supra 38, para. 53).
40.
The State objected to the offer of testimony by Cronwell Pierre CastilloCastillo, Carmen Rosa Páez-Warton and Mónica Inés Castillo-Páez, made in the
reparations brief, arguing that “it is improper and irregular for the interested party to
intervene as a witness.” It also objected to the declaration signed in the presence of
a notary and to the expert report prepared by Dr. Carmen Wurst-Calle de Landazuri
(supra 35). The Court notes that while the victim’s next of kin did not testify (supra
34), the affidavits they signed in the presence of a notary had been suggested by
the President of the Court for the sake of procedural economy and speed. This was
to ensure that the oral proceedings in the instant case would be as expeditious as
possible, without infringing the right of the victim’s next of kin, of the Commission
and of the State to offer whatever testimony they believed should be heard directly
by the Court. The Court confirms the President’s decision, which helped advance the
proceedings, and so orders that the affidavits be added to the body of evidence in
the instant case. The Court has discretionary authority to weigh the declarations or
statements submitted to it, both in writing and by other means. As with any
tribunal, the Court may use the rule of “sound criticism” to weigh the evidence
properly, thus enabling the judges to arrive at a decision as to the truth of the
alleged acts while taking into account the object and purpose of the American
Convention (cf. Paniagua Morales et al. Case, Judgment of March 8, 1998. Series C
No. 37, para. 76, and Loayza Tamayo Case, Reparations, supra 38, para. 57).
41.
Peru has stated that it left in a defenseless position because the affidavits
signed in the presence of a notary were not brought to its attention in advance of the
public hearing. The Court observes that the document in which those statements
appear was received by the Court on June 4, 1998, only a few days before the
hearing in question and that it was therefore unable to forward them to the State as
far in advance as it might have preferred.
The Court further notes that in
observance of the principle of the procedural equality of the parties and to guarantee
the transparency of the proceedings, the Secretariat notifies each party of every
communication the other party sends, so that the former has an opportunity to
refute or comment on what the latter has stated. There are no specific rules
establishing a deadline or timeframe within which the Court must act. However, the
understanding is that it must do so in such a way as to enable the other party to
properly exercise its right of self-defense within the context of the proceedings. In
the instant case, the State had an opportunity to exercise that right and did so, since
it explained its position on the matter in briefs dated July 20 and September 9, 1998.
The Court forwarded those briefs to the victim’s next of kin and to the Commission,
following the guidelines described herein, and in this Judgment will weigh the
arguments of all parties concerning the statements made in the presence of the
notary and the briefs filed by the State according to the principles set forth herein
(supra 40).
42.
The State objected to the "sworn affidavits" and other documents, such as
the powers of attorney granted by the victim’s next of kin, by alluding to a number