10
made by the State regarding the withdrawal of said documentation from the file is herein
granted (supra para. 43).
48.
On the other hand, along with the evidence to facilitate the adjudication of the case
requested by the President of the Court, the representative sent additional documents which
had not been requested. This file can be classified into seven parts. The first includes copies
of documents already submitted by the representative herself or the Inter-American
Commission. The second one includes copies of domestic laws. The third one is made up by
documents referring to commercial transactions of construction materials (specifically
marble) from different companies, some of which apparently are related to witness Roberto
Serrago (supra para. 37). The fourth consists of a contract of a work union and a collective
labor agreement. The fifth refers to a letter of recommendation in favor of Mr. Bueno-Alves
for a job. The sixth corresponds to a contract between Mr. Bueno-Alves’ brother, Delcio
Ventura Bueno-Alves, and a third party, by which they created the company Mármol Centro
S.R.L., and some documents related to that company. Finally, the seventh consists of two
statements: i) the supplemental testimonies of doctors Fernando Taragano and Julio Ravioli
(supra para. 37), which were not made before a notary public, and ii) the testimony of
Jorge Gustavo Malagamba, made before a notary public (affidavit).
49.
The State argued that such evidence should be rejected “since forwarding it at this
procedural stage is indubitably untimely.” The Commission did not make any comments
thereon.
50.
The Court considers that no further comments are necessary regarding the
documents submitted, which had been previously forwarded by the representative herself or
by the Inter-American Commission, since they were already included in the record of the
case. The domestic legislation and the letter of recommendation in favor of the alleged
victim may be useful for the assessment of the claims on reparations; therefore, they are
admitted and incorporated into the body of evidence. The documents regarding commercial
transactions, as well as the labor and collective agreements that were untimely submitted,
refer to companies or people foreign to or different from the alleged victim and his next of
kin, have no bearing on the facts of the instant case, and, therefore, must be disregarded.
The contract of Mr. Bueno-Alves’ brother and the related documents, apart from showing
that a company was created, do not disclose any information regarding the instant case,
and were untimely submitted; therefore, they are disregarded. Finally, with regard to the
statements submitted in the instant case, the Court points out that the representative did
not request the Court or its President to authorize that the expert testimony of the
physicians that came forward in these proceedings be supplemented, and that said
supplemental testimonies were not offered before a notary public; therefore, they are not
granted any evidentiary value. Regarding the statement given by Jorge Gustavo
Malagamba, the President of the Court expressly stated in its Order of December 6, 2006
(supra para. 10) that “Malagamba’s statement is not relevant for the adjudication of the
instant case,” whereby it decided “[n]ot to require the representative” to submit it. The
representative disregarded the order of the President and forwarded the statement. In this
regard, the Court considers that this evidence is inadmissible as it was deemed
inappropriate by the President, and so it declares.
51.
Finally, the representative, after submitting her closing written arguments and the
evidence to facilitate the adjudication of the case requested by the President, filed additional
documents that had not been requested, consisting of copies of some publications of a
magazine specialized in housing and construction. The representative did not claim force
majeure or a serious restraint that would have prevented her from forwarding that
information on an earlier date. Said documents were forwarded to the State and the Inter-
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos