9
documents processed before the Secretariat of the Organization of American States (OAS)
and the Commission in order to obtain the financial support that would allow him to afford
the price of the ticket to Costa Rica and lodging expenses there.
43.
The State objected to some evidentiary items filed by the Commission together with
its application “as [their] authenticity had not been proven,” as well as to all the evidence
submitted by the applicant. In general, the evidence that was questioned consisted of
documents referring to Mr. Bueno-Alves’ health condition; receipts of travelling expenses;
copies of some documents attached to case files No. 24.519 and No. 25.314 in Magistrate’s
Courts No. 30 and No. 21, respectively; briefs addressed to authorities of the Argentinean
State and the Organization of American States; accounting instruments; and newspaper
articles. Similarly, the State objected to some evidentiary items submitted by the
representative (supra para. 42). Thus, it pointed out that the evidence attached (supra
para. 42(ii)), “outreaches the purpose of the consultation and addresse[s], in an
inadmissible manner, other aspects of the answer to [the] application filed by the State.” It
also objected to the documents submitted in relation to the suspicious death of Oberlander
(supra para. 42(iii)), arguing that “those assumptions […] have no apparent bearing on the
submitted evidence under examination;” and it further objected to the evidence of the
alleged admission of Mr. Bueno-Alves (supra para. 42(v)) to a health center, as “it is not
clear whether hospitalization was merely a recommendation made by a health professional
[…], or he was actually hospitalized.” On the other hand, the State raised objections to the
statements submitted by the representative.
44.
In this regard the Court points out, in the first place, that part of the evidence
furnished by the Commission, the authenticity of which has been questioned, consists of
documents submitted in a proceeding started before Argentinean courts. The Court finds no
reason to acknowledge the evidentiary value thereof.
45.
With regard to the additional evidence submitted in the instant case (supra para.
42), the Court considers that said information may contribute to the determination by the
Court of the facts described in this instant case, since they clarify certain aspects related to
the context of the case, the search for justice, and the claims of the representative
regarding reparations. The same considerations are to be made regarding the testimonial
statements and expert reports offered by the representative. Therefore, the Court considers
it convenient to assess this information on the basis of sound judgment, within the
applicable legal framework, taking into consideration the observations filed by the State.
46.
Regarding the press documents submitted by the parties, the Court considers that
they may be assessed insofar as they refer to public and notorious facts or statements
made by State officials which have not been rectified, or when they corroborate aspects
related to the case19 and evidenced by other means.
47.
Now, regarding the information submitted by the representative in relation to
Alejandro Oberlander’ s death as occurring “in suspicious circumstances,” the representative
has not presented, beyond assumptions, sufficient arguments that somewhat link this death
to the facts of the instant case, or that even link the State with said occurrence. Therefore,
the Court considers that said information is not related to the purpose or object of the
instant case and, consequently, it will not be taken into consideration. Thus, the request
19
Cf. Case of La Cantuta, supra note 14, para. 62, and Case of Nogueira-Carvalho et al., supra note 17,
para. 65, and Case of the Dismissed Congressional Employees (Aguado-Alfaro et al.) Judgment of November 24,
2006. Series C No. 158, para. 86.
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