23
41.
On the other hand, the Court, pursuant to Article 44 of the Rules of
Procedure, accepts the evidence submitted by the representatives regarding the
supervening facts after the application was submitted (supra para. 24).10
42.
Likewise, the Court deems that the documents submitted by the
representatives together with their final written pleadings, with regard to costs and
expenses (supra para. 24), are useful, and they will be assessed taking into account
the observations made by the State (supra para. 26).
43.
With regard to the testimony and expert opinions submitted in writing by
means of affidavits before a notary public by the witnesses and expert witnesses
offered by the Commission and the representatives and by the State (supra paras.
38.a, 38.b, 38.c, 38.d, 38.e, 38.f, 38.g and 38.h), in accordance with the Order
issued by the President on January 31, 2005, the Court admits them insofar as they
are in accordance with the object defined in said Order and assesses them in the
context of the body of evidence, applying the rules of competent analysis and taking
into account the observations submitted by the parties (supra para. 22). In this
regard, the statement by Albino Fernández, since he is one of the alleged victims and
has a direct interest in this case, cannot be appraised in an isolated manner, but
rather in the context of all the evidence in the proceeding. As this Court has stated
before, regarding both the merits and reparations, the statements of the alleged
victims, as well as those of their next of kin, are useful insofar as they can provide
more information on the alleged violations that may have taken place and regarding
their consequences.11
44.
The Court deems that the documents submitted by the State during the public
hearing of the instant case (supra para. 21) are useful to reach a decision in the
instant case, together with the documents submitted by expert witness Bartomeu
Meliá i Lliteres (supra para. 21), especially because they were neither challenged nor
disputed, and their authenticity or truthfulness was not questioned, for which reason
this Court includes them in the body of evidence, pursuant to Article 45(1) of the
Rules of Procedure.
45.
The State objected to “the ‘unilateral statement’ of Esteban López, issued
before a notary public, with regard to ‘certification’ of the demise of the individuals in
whose name he claims compensation,” which was forwarded by the representatives
as part of the evidence to facilitate adjudication of the case (supra para. 26). This
Court deems that said statement is useful and will appraise it in the context of the
body of evidence, applying the rules of competent analysis and taking into account
the observations made by the State. Therefore, it adds that statement to the body
of evidence, pursuant to Article 45(1) of the Rules of Procedure.
46.
Finally, with regard to the press clippings submitted by the parties, this Court
has deemed that even though they do not constitute documentary evidence proper,
they may be appraised insofar as they reflect publicly known facts, statements made
10
See Case of De La Cruz Flores. Judgment of November 18, 2004. Series C No. 115, para. 58;
Case of Myrna Mack Chang. Judgment of November 25, 2003. Series C No. 101, para. 128; and Case of
Bulacio. Judgment of September 18 2003, Series C No. 100, para. 57.
11
See Case of Caesar, supra note 2, para. 47; Case of the Serrano Cruz Sisters, supra note 2, para.
40; and Case of Lori Berenson Mejía, supra note 2, para. 78.