10
the instant Case, nor was their authenticity questioned, for which reason the Court deems
them to be valid.
30.
No objections were made either to the statement of witness Ms. Carmen Aguirre or
the expert report by Dr. Ernesto Albán-Gómez. The Court therefore deems the facts stated
by the former and the expert's observations on Ecuadorian law to have been proven.
31.
The State, invoking Article 38(1) of the Rules of Procedure then in force, objected to
the Court's hearing the testimony of Mr. Rafael Iván Suárez-Rosero, Ms. Margarita Ramadán
de Suárez and Carlos Ramadán in its brief of September 9, 1996. Ecuador advanced the
following reasons for its objections:
first because he had been accused in criminal case No. 181-95 brought against Mr. Hugo ReyesTorres for drug trafficking, and was a defendant in that case as an accessory to the crime.
Second and third, on the ground that they were not qualified as they could not be independent,
they being his wife and brother-in-law, who had a direct relationship with the principal
perpetrator in the instant Case.
On September 11, 1996, the Court decided to "[h]ear the statements of Mr. Rafael Iván
Suárez-Rosero, Margarita Ramadán de Suárez, and Carlos Ramadán, the value of which
shall be assessed in the final judgment."
32.
It is the well-settled jurisprudence of this Court that any interest which a witness
may have in the outcome of a case, is not enough, per se, to disqualify such witness. This
principle is eminently applicable to the evidence given by Margarita Ramadán de Suárez
and Carlos Ramadán. Moreover, their statements were not contested by the State and
referred to facts of which the witnesses had direct knowledge. Consequently, those
statements must be admitted as suitable evidence in this Case.
33.
With regard to the statement of Mr. Rafael Iván Suárez-Rosero, the Court considers
that, since he is the alleged victim in this case and has a possible direct interest in it, his
testimony should be assessed in the context of all the evidence in the Case. However, the
Court deems it necessary to make one stipulation on the value of this testimony. The
Commission argues that Mr. Suárez-Rosero was held incommunicado by the State from
June 23 to July 28, 1992. If this were proven, it would necessarily imply that only
Mr. Suárez-Rosero and the State would be aware of the treatment the former received
during that period. Consequently, they would be the only ones entitled to present evidence
on those conditions in the proceeding. In that regard, the Court has already established
that
in the exercise of its judicial functions and when ascertaining and weighing the evidence
necessary to decide the cases before it, the Court may, in certain circumstances, make use of
both circumstantial evidence and indications or presumptions on which to base its
pronouncements when they lead to consistent conclusions as regards the facts of the case
(Gangaram Panday Case, Judgment of January 21, 1994. Series C No. 16, para. 49).
In accordance with this principle, since it has been proven (infra, para. 34(d)) that Mr.
Suárez-Rosero was held incommunicado during the period indicated by the Commission, his
testimony on the conditions of his incommunicado detention acquires a highly presumptive
value, especially when one considers that the State declared that it "could not confirm or
guarantee anything" relating to the treatment meted out to Mr. Suárez-Rosero during the
time he was held incommunicado.
VII