19
to which they adapt to the object defined by the President in the Order which
requested their submission (supra para. 8), and taking into account the pertinent
observations presented by the State regarding Francisco Arreaga Alonzo. Lastly, it is
worth noting that the Court believes that the statements given by alleged victims
may not be examined separately, given that they have a direct interest in the case,
hence they will be assessed within the group of evidence of the proceeding36.
64. In relation to the sworn declarations (affidavits) of the expert opinions provided
by Marco Antonio Garavito Fernández (supra para. 56.c) and Nieves Gómez Dupuis
(supra para. 56.d), in its observations of June 17, 2009 the State indicated that
those statements were not taken before a notary, as established in the President’s
Order of May 18, 2009, but in a private document with a legalized signature, and that
additionally they don’t meet the requirements of Article 227 of the Criminal
Procedural Code, Decree No. 51-92, which establishes that “expert witnesses will
accept the role under oath.” In that regard, the Court reiterates that indicated in the
previous paragraph, in the sense that the procedures before it do not follow the same
formalities as internal judicial proceedings. On other occasions the Court has
admitted affidavits which were not given before a notary public, when it did not affect
the legal certainty and procedural equity between the parties. In the instant case, the
Court has not found any grounds to consider that the admittance of the affidavits
under consideration, meaning those with a signature certified by a notary public,
affected the legal certainty or procedural equity of the parties. In any case, the
individual giving the statement does not reject or disavow the content of the
declaration attributed to him, but ensures through his signature certified before a
notary public that he is the author of that testimony, assuming the legal
consequences of that act. In view of the foregoing, the Court accepts as evidence the
expert opinions with the expert witness’s signature duly certified by a notary, and will
assess them along with the body of evidence, applying the rules of competent
analysis and taking into consideration the parties’ objections.37
65.
In relation to the statements given by Ramiro Osorio Cristales (supra para.
57.a) and Felicita Herenia Romero Ramírez (supra para. 57.b), the Court deems
them pertinent to the extent to which they adjust to the object defined by the
President in the Order which requested their submission (supra para. 8). The Court
reiterates that previously mentioned with regard to the assessment of declarations
given by the alleged victims (supra para. 63).
66. With regard to the expert opinions provided by Edgar Fernando Pérez Archila
(supra para. 57.c), Carlos Manuel Garrido (supra para. 57.d) and Claudia Paz y Paz
Bailey (supra para. 57.e), the Court admits them into evidence taking into account
the objective established for them in the President’s Order of May 18, 2009 (supra
para. 8), and will assess them with the body of evidence of the instant case and rules
of competent analysis.
67.
With regard to the press documents submitted by the parties, the Court
considers that they may be appraised when they gather public and notorious facts or
declarations by State employees, or when they verify aspects related to the case.38
36
Cf. Case of the Serrano-Cruz Sisters v. El Salvador. Merits, Reparations, and Costs. Judgment of
March 1, 2005. Series C No. 120, para. 39; Case of the Rochela Massacre v. Colombia, supra note 34,
para. 62, and Case of Escher et al. v. Brazil, supra note 33, para. 74.
37
Cf. Case of the Serrano-Cruz Sisters v. El Salvador., supra note 36, para. 40, Case of the Rochela
Massacre v. Colombia, supra note 34, para. 62, and Case of Escher et al. v. Brazil, supra note 33, para.
74.
38
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 30, para. 146; Case of Escher et al. v.
Brazil, supra note 33, para. 76, and Case of Anzualdo Castro v. Peru, supra note 28, para. 25.