27
present evidence that, in many cases, cannot be obtained without the cooperation of state
authorities.
90.
In the same sense, the European Human Rights Court rejected arguments filed by a
State with the purpose of not sending information of a criminal case file that was open and
that said Court had requested. In effect, the European Tribunal considered it insufficient to
argue, inter alia, that the criminal investigation was pending and that the case file included
documents classified as secret.61
91.
The Tribunal points out that, previously, in a case against the State of Mexico, it had
already stated that when the records of the investigation are under reservation, it
corresponds to the State to send the copies requested informing of that situation and of the
need, convenience, or appropriateness of maintaining the due confidentiality of that
information, which will be carefully evaluated by the Tribunal, for the effects of including it
into the body of evidence of the case, respecting the principle of adversarial proceedings in
what corresponds.62
92.
Therefore, the Court considers that the State’s negative to forward some documents
cannot result in detriment of the victims. Thus, the Tribunal will consider as established the
facts presented in this case by the Commission and complemented by the representatives,
when they can only be invalidated through the evidence should have forwarded by refused
to do so. The Court, and not the parties, shall determine the necessary quantum of evidence
in each specific case.
C.
Assessment of the statements of the alleged victims, of the testimonial and
expert evidence
93.
Regarding the statements offered by the alleged victims, the witnesses, and the
experts at the public hearing and through sworn statements, the Court considers them
appropriate only in what they adjust to the object that was defined by the President of the
Tribunal in the Order that indicated they be received (supra para. 8) and along with the
other elements of the body of evidence, taking into account the observations made by the
parties.63 According to the jurisprudence of this Tribunal, the statements offered by the
alleged victims (infra para. 111) cannot be assessed in an isolated manner, but within the
totality of the evidence of the proceedings,64 since they are useful in the measure in which
they may offer more information on the alleged violations and their consequences.
61
Cf. Eur. Ct. H.R., Case of Imakayeva v. Russia, Application no. 7615/02, Judgment of 9 November 2006,
paras. 122 and 123.
62
Cf. Case of González et al. (“Cotton Field”) v. Mexico, Order of the Inter-American Court, supra note 60,
considering clause number sixty-one.
63
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43;
Case of Garibaldi v. Brazil, supra note 32, para. 64, and Case of Dacosta Cadogan v. Barbados, supra note 43,
para. 35.
The State mentioned that the statements offered by Andrea Radilla Martínez, Ana María Radilla Martínez, and José
Sotelo do not adjust in some parts to the object determined through the Order of the President of the Tribunal of
May 29, 2009 (supra para. 8) or they do not refer to things they know as facts. On the other hand, the
representatives stated that the majority of the “diligences” described in the testimony of Mrs. Martha Patricia
Valadez Sanabria are “[c]abinet statements made by Mrs. Tita Radilla.” Also with regard to that statement, they
made some precisions regarding different dates on which apparently some persons were summoned to testify
within preliminary inquiry SIEDF/CGI/454/07.
64
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 25, 2001. Series C No. 76, para. 70; Case of Escher et al. v. Brazil. Preliminary Objections, Merits,