59. Finally, the Court finds that, in effect, two persons (Jorge Ferradas Núñez and Rómulo
Antonio Retuerto Aranda) on the Commission’s list of alleged victims were found to be
victims in Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, which involved
the same facts as this case. Therefore, invoking the international principle of res judicata,
these two persons will be excluded from this case. Thus, the Court finds that the total
number of alleged victims is 184 persons, who are listed in the Annex I of this judgment.
VI
EVIDENCE
A.
Admissibility of documentary evidence
60. The Court received various documents attached to their briefs and presented as
evidence by the Commission, the representatives34 and the State, (supra paras. 3, 6 and
7). As in other cases, the Court admits those documents submitted by the parties and by
the Commission in a timely fashion (Article 57 of the Rules),35 the admissibility of which was
not disputed nor objected to and the authenticity of which was not placed in doubt.36
61. The Court also received annexes to the final written arguments presented by the
State.37 On March 28, 2022, the representatives presented their observations to those
documents. They indicated that the documents were not requested by the Court nor were
they presented by the State at the proper procedural moment and they, therefore, asked
that the Court not admit them. The Court notes that the annexes to the State’s final written
arguments were not offered at the proper procedural moment. However, some of the
documents are posterior to the date on which the State submitted its answering brief (supra
para. 7) and, therefore, those documents will be admitted.38 With respect to the remaining
The common intervenor of the alleged victims mentioned in his brief of pleadings and motions a list
of documents that offered documentary evidence, which were not sent to the Court. By communication of
December 3, 2020, the Secretariat of the Court indicated that ”it did not receive the documents identified as
documentary evidence (Appendices 1 to 8)” and requested “the remission of these documents, in full and
legible, or, if not, the relevant reasons” and granted an extension. Nonetheless, those appendices were not
received, which was noted in communications of January 7, 2021, by which his brief of pleadings and motions
was sent to the State and to the Commission.
34
35
Documentary evidence may be presented, in general and in accordance with Article 57(2) of the Rules,
together with the briefs of submission of the case, of pleadings and motions and the answering brief, where
appropriate. Evidence not presented at the procedural moments is not admissible, unless under the exceptions
established in that article (force majeure or serious impediment) or if it concerns a supervening event; in other
words, events that occurred after those procedural moments.
36
Cf. Article 57 of the Rules; also Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29,
1988. Series C No. 4, para. 140 and Case of Deras García et al. v. Honduras. Merits, Reparations and Costs.
Judgment of August 25, 2022. Series C No. 462, para. 31.
The documents sent by the State were the following: (1) Chart of personnel who opted for the program
of voluntary retirement with incentives; (2) Report 091-2022-GFBL-AAP-DRRHH/CR of February 8, 2022, sent
by the Congress; (3) Report 037-2022-MTPE/4/11.12 of March 6, 2022; (4) Decision of the Constitutional
Court in File 0796-1996-AA of August 13, 1997; (5) Decision of the Constitutional Court in File 00357-1997AA of October 15, 1997; (6) Decision of the Constitutional Court in File i717- 98-AA/TC of March 17, 1999; (7)
Writ of amparo of March 17, 1993, which is in the file submitted by the Commission to the Court; (8) Resolution
of September 25, 2002; (9) Internal Regulations on the Functioning and Review Process of the Multisectorial
Commission and (10) Supreme Decree 019-2021-TR that approved the regulations of Law 31218, which
authorizes review of the cases of former employees who opted for the proceedings under Law 30484, published
on September 30, 2021.
37
It concerns the following documents: (1) Report 091-2022-GFBL-AAP-DRRHH/CR of February 6, 2022,
sent by the Congress; (2) Report 037-2022-MTPE/4/11.12 of March 10, 2022 and (3) Supreme Decree 019-
38
18