11 the Criminal Chamber of the Supreme Court of Justice of Guatemala (hereinafter “Supreme Court”)9; b. The processing of the case before the Inter-American Commission on Human Rights10. - c. The issue of “street children” in Guatemala at the time the facts that originated this case occurred11. 60. The State did not contest or object to the documents presented by the Commission nor did it question their authenticity, so the Court considers them to be valid. 61. The State did not present any evidence in its reply to the application or at any time during the preliminary objections and merits phases. 62. During the hearing on the merits of the case, held on January 28, 1999, the Inter-American Commission presented copies of 14 documents that were received by the Secretariat of the Court. These documents were also handed to the State during the hearing. 63. Article 43 of the Rules of Procedure establishes that [i]tems of evidence tendered by the parties shall be admissible only if previous notification thereof is contained in the application and in the reply thereto and, where appropriate, in the communication setting out the preliminary objections and in the answer thereto. Should any of the parties allege force majeure, serious impediment or the emergence of supervening events as grounds for producing an item of evidence, the Court may, in that particular instance, admit such evidence at a time other than those indicated above, provided that the opposing party is guaranteed the right to defense. This provision confers an exceptional character on the possibility of admitting items of evidence at a time other than those indicated. The corresponding exception is only constituted when the applicant alleges force majeure, serious impediment or supervening events, which has not occurred in this case. 64. Furthermore, the Court observes that the documents presented by the Commission in the public hearing had previously been added to the file as annexes to 8. Cf. Judgment of March 25, 1992, of the Fourth Chamber of the Guatemalan Court of Appeal and record of the verbal filing of the remedy of appeal by the Office of the Attorney-General of January 21, 1992. 9. Cf. Judgment of the Criminal Chamber of the Supreme Court of Justice of Guatemala of June 21, 1993, in the appeal for annulment filed by the Office of the Attorney-General, against the judgment delivered by the Fourth Chamber of the Court of Appeal of March 25, 1992; and appeal for annulment of May 4, 1992, filed by the Office of the Attorney-General against the judgment of the Fourth Chamber of the Guatemalan Court of Appeal. 10. Cf. petition addressed by Casa Alianza Association, the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas to the Executive Secretariat of the Inter-American Commission for Human Rights; copy of official communication No. 948.94 from the Permanent Representative of Guatemala to the Organization of American States; copy of Report No. 33/96 of October 16, 1996, issued by the Inter-American Commission during its 93rd session and the file processed by the Inter-American Commission. 11. Cf. Amnesty International, Report Guatemala: Los Niños de la Calle (1990) and Casa Alianza, Report to the Committee against Torture on the Torture of Guatemala Street Children: 1990 – 1995 (1995).

Seleccionar párrafo de destino3