13
the case.28 The Court decides to admit those documents that are complete or that, at least,
permit their source and date of publication to be verified.
35.
Likewise, regarding some documents indicated by the parties and the Commission by
means of electronic links, the Court has established that, if a party provides at least the direct
electronic link to the document cited as evidence and it can be accessed at the time the respective
judgment is delivered, neither legal certainty nor procedural balance is affected, because it can
be located immediately by the Court and the other parties.29 In this case, neither the other parties
nor the Commission opposed or made any observations on the content and authenticity of such
documents.
36.
In the case of the videos presented by the parties and the Commission, these were not
contested and their authenticity was not questioned; the Court therefore admits them.30
37.
Regarding the representatives’ request to incorporate into the case file the expert opinions
of Toby Daniel Mendel and Eduardo Ulibarri Bilbao in the case of Ríos et al. v. Venezuela,31 the
Court recalls that, as established in the order of April 14, 2014, the President found it appropriate
“to incorporate into the body of evidence in this case, insofar as pertinent, the expert opinions
provided […] because they could be useful for deciding the instant case.” Thus, and taking into
consideration the objections raised by the State in exercise of its right of defense, the Court
incorporates these documents into the case file to the extent that they may be useful for deciding
the instant case.32
38.
During the public hearing (supra para. 8) the State, witness José Leonardo Suárez, and
the representatives presented various documents,33 copies of which were delivered to the parties
and to the Commission, who were able to present their observations. Considering those
documents useful for deciding this case, the Court admits the documents provided during the
public hearing as evidence pursuant to Article 58 of the Rules of Procedure.
39.
The State and the representatives submitted certain documentation with their final written
arguments, in response to the requests for helpful information and evidence made by the Court’s
judges at the conclusion of the public hearing in this case (supra para. 10). The admissibility of
the information and documentation requested was not contested, and its authenticity and
veracity was not questioned. Consequently, under Article 58(b) of the Rules of Procedure, the
Court finds it appropriate to admit the documents provided by the representatives and the State,
which had been requested by the Court’s judges or its President as helpful evidence.
28
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 146, and Case of Cruz Sánchez v. Peru, para. 104.
Cf. Case of Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C No. 165,
para. 26, and Case of Cruz Sánchez v. Peru, para. 103.
29
Cf. Case of Ríos et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January
28, 2009. Series C No. 194, para. 93, and Case of Cruz Sánchez v. Peru, para. 123.
30
Toby Daniel Mendel submitted an opinion on freedom of expression as a human right and the permissible
restrictions; freedom of expression in relation to public officials and matters of general interest; acts of intimidation,
harassment, persecution and attacks against social communicators committed by State agents and/or private
individuals, as well as on the positive obligation of the State to protect RCTV. Meanwhile, Eduardo Ulibarri Bilbao
submitted an opinion on the relevant international standards for freedom of expression and the exercise of journalism.
Cf. Case of Ríos et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January 28,
2009. Series C No. 194, para. 79.
31
Cf. Case of the Pacheco Tineo family v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment
of November 25, 2013. Series C No. 272, para. 47.
32
33
Cf. Record of submission of documents. Public hearing of May 29 and 30, 2014 (merits file, folios 2022 to 2032).