11
classified as supervening, which may be forwarded to the Court at any stage of the proceedings
prior to the delivery of judgment, provided they relate to the facts of the case.
25.
In the instant case, the Court notes that, in the Merits Report, the Commission included
various remedies filed by Mr. Lagos del Campo, among which are those of March 30, April 28 and
May 4, 1993, as well as those filed in 1996 and subsequently. The Commission also referred in
the Merits Report to facts related to the self-coup of April 5, 1992, and the dissolving of the Court
of Constitutional Guarantees. Therefore, since the Commission has submitted these facts to the
jurisdiction of the Court, they may be taken into account when examining the merits of the case.
Similarly, the facts narrated by the representatives in the brief with motions, pleadings and
evidence will be taken into consideration, insofar as they do not constitute new facts.
Consequently, the Court finds the State’s request in this regard inadmissible.
V
EVIDENCE
A. Documentary, testimonial and expert evidence
26.
The Court has received diverse documents presented as evidence by the Commission, the
representatives and the State, attached to their main briefs (supra paras. 6 and 7). In addition,
the Court has received the affidavits prepared by Carlos Alberto Jibaja Zárate and Omar Sar
Suárez, proposed by the representatives and the State, respectively. Regarding the evidence
provided during public hearing, the Court received the statements of the presumed victim, Mr.
Lagos del Campo, and the expert opinions of Damián Loreti and César Gonzáles Hunt, proposed
by the Commission and the State, respectively.22
B. Admission of the evidence
1. Admission of the documentary evidence
27.
In this case, as in others, the Court admits those documents presented by the parties
and the Commission at the proper procedural opportunity or requested as helpful evidence that
were not contested or opposed, and the authenticity of which was not questioned.23 The
documents requested by the Court that were provided by the parties following the public hearing
are incorporated into the body of evidence in application of Article 58 of the Rules of Procedure
(supra para. 10).
28.
On March 20, 2017, the representatives presented observations on the annexes forwarded
by the State with its final written arguments. In the case of documents that were incomplete or
illegible, the Court considers that this does not affect their admissibility, although it may affect
their probative weight. However, the Court considers that the said annexes respond to helpful
evidence requested during the public hearing; they are therefore admitted under Article 58(b) of
the Rules of Procedure.
2. Admission of the testimonial and expert evidence
29.
The Court finds it pertinent to admit the statements made during the public hearing and
by affidavit, insofar as they are in keeping with the purpose defined by the President in the order
requiring them and the purpose of this case (supra para. 10).
22
Case of Lagos del Campo v. Peru. Call to a hearing, supra, para. 9.
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series 04, para. 140; Case of
Tenorio Roca et al. v. Peru, supra, para. 36, and Case of Zegarra Marín v. Peru, supra, para. 58.
23