7
Consequently, in light of the Tribunal’s jurisprudence regarding this subject,17 the Court
dismisses the preliminary objection of the State.
IV
COMPETENCE
24.
The Inter-American Court is competent, pursuant to Article 62(3) of the Convention,
to see this case, since Venezuela has been a State Party to the American Convention since
August 9, 1977 and it recognized the contentious jurisdiction of the Court on June 24,
1981.
V
EVIDENCE
25.
Following Articles 44 and 45 of the Rules of Procedure, as well as the Tribunal’s
jurisprudence regarding the evidence and its assessment,18 the Court shall examine and
assess the evidence in this file.
A)
EVIDENCE, WITNESS AND EXPERT WITNESS
26.
At the President’s request19, the Tribunal received the affidavits of the following
persons:
a)
Marta Colomina and Patricia Poleo Brito, a journalist whose affidavit was
proposed by the representatives. She referred to the context in which the television
interview called “La Entrevista” [The Interview] was made. It was broadcast on April
16, 2004, and Mr. Francisco Usón Ramírez took part in it. The journalist also made
reference to the public interest that such facts allegedly produced, and to the content
and scope of the statements by Francisco Usón Ramírez in such program that
brought forth the military criminal process against him;
b)
Antonio Rosich Saccani, a lawyer whose affidavit was proposed by the
representatives. He referred to the alleged public interest produced by this case, and
to the characteristics of the trial against Francisco Usón Ramírez in the military
jurisdiction;
c)
Pedro González Caro, a Captain (presently retired) whose affidavit was
proposed by the representatives. He referred to the alleged effect of the statements
by Francisco Usón Ramírez on the Armed Forces;
d)
María Eugenia Borges de Usón y Maria Jose Usón Borges, Mr. Francisco Usón
Ramírez’s wife and daughter, whose affidavit was proposed by the representatives.
She referred to the alleged effect of the facts on the living conditions of her family,
her social and professional relations, and the health and mood of her family
members;
17
Cf. Case of Velásquez Rodríguez, supra note 9, para. 88; Case of Acevedo Buendía et al. (“Discharged and
Retired Employees of the Office of the Comptroller”)), supra note 9, para. 20, and Case of Reverón Trujillo, supra
note 12, paras. 20 to 23.
18
Cf. Case of the “White Van” (Paniagua-Morales et al) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76; Case of DaCosta Cadogan, supra note 9, para. 32, and Case of Garibaldi, supra note 11,
para 53.
19
Cf. Order of the President of the Court, supra note 6.