12
(cf. information comparing the exchange rate (new soles per United States dollar, Appendix
XXVII).
42.
The State objected to the inclusion of the appendices filed by the victim using
arguments that concerned admissibility and probative value. In the case of the
admissibility arguments, it alleged that the appendices to the victim’s reparations
brief were not presented within the time limit established by the Court, which had
expired on January 31, 1998; this, it argued, "[would] vitiate their merit or value as
evidence. "
43.
The Court notes that its practice has always been to allow the initial
submission of applications to be done by fax or telex (Article 26 of the Rules of
Procedure), with the original documents and their appendices submitted within a
reasonable time period thereafter. The Court decides what constitutes a reasonable
time period on a case-by-case basis (Paniagua Morales et al. Case, Preliminary
Objections, Judgment of January 25, 1996. Series C No. 23, para. 34).
44.
The victim submitted the appendices six days after the body of the brief, and
five days after the specified deadline. In keeping with the spirit and purpose of the
American Convention, this five-day delay could not possibly invalidate information
pertinent to determining what the reparations should be, especially when one
considers that particular care was taken to ensure procedural balance. At the time
the extension was granted on March 31, 1998, the President specified that the victim
and the Commission had two months and 25 calendar days in which to present their
arguments and evidence, and granted the State the same amount of time to present
its observations and evidence.
45.
Thus, Peru had the same amount of time to conduct a study and prepare its
arguments on the reparations briefs and their appendices. Hence, the argument
made by the State that the delay in filing the appendices to the victim’s brief was
prejudicial to the State is inadmissible.
46.
Given the foregoing, the Court is admitting the appendices to the victim’s
reparations brief.
47.
The State also questioned the evidentiary value of some of the receipts
presented by the victim, which did not show the names and surnames of the persons
who incurred the respective expenses. Here, Perú alluded specifically to appendices
XV, XVI, XVIII, XIX (slips no. 09119, 4275, 09402 and 117748), XX, XXI, XXX,
XXXII, XXXIII and the chart contained in appendix XXVIII.
48.
When it examined the appendices being contested, the Court found that in
some cases the victim had presented charts of estimated costs (cf. appendices XV,
XVI, XVIII, XIX, XX, XXI, XXX, XXXII and XXXIII), apparently prepared as a
reference aid. In some cases, the figures given were supported by receipts and
vouchers; in other cases the amounts shown were described by the victim herself as
“estimates” and approximate figures for certain undocumented outlays. Moreover,
the charts submitted as Appendix XXVIII are an organized layout of representations
alleged to have been made by victim’s counsel before Peruvian and international
authorities, including the organs of the inter-American system.
49.
The Court finds that the charts in question do not constitute evidence. They
are documents that illustrate the victim’s claims and supplement the reparations