presentation of the said documents is time-barred and, consequently, the Court will not
consider them in its decision.
42.
In addition, the Court observes that, in December 2011, the representatives
informed the Court of the discovery and identification in November that year of the mortal
remains of Sergio Saúl Linares Morales an Amancio Samuel Villatoro, two victims in this
case, and submitted certain documentation in this regard (supra para. 8). Also, on April 18,
2012, the representatives advised the Court that, in March 2012, the mortal remains had
been found and identified of “three [persons] whose disappearance are described in the
Diario Militar,” but they were not presumed victims in this case, even though their
“discovery […] has important implications as to the nature and scope of the State
responsibility” in this case. On that occasion, and together with their final written
arguments, the representatives also presented copies of the death certificates of several
family members of the disappeared victims, some of whom “had died in recent months,”
and others “in previous years”; however, “ha[d] taken some time to obtain copies of all of
the death certificates.” The State did not object to the admission of this information or of
the corresponding evidence. In accordance with Article 57(2) of the Rules of Procedure, the
Court considers appropriate to admit the information and documentation relating to the
discovery and identification of the mortal remains of the two presumed victims in this case,
and of the other three persons referred to in the Diario Militar, because the events occurred
after the presentation of the brief with the motions and pleadings relevant for deciding this
case. Furthermore, under Article 58(a) of the Rules of Procedure, the Court admits the
copies of the death certificates presented by the representatives, to the extent that they are
useful to determine and identify the victims in the case at hand. This information and
documentation will be assessed in the context of the body of evidence and in accordance
with the rules of sound judicial discretion.
43.
In addition, the Court observes that, on various opportunities,39 the representatives
asked the Court to require the State to present official documents of the Guatemalan Army
“related to the victims of the Diario Militar in general, as background and not merely limited
to the victims of the case sub judice and their next of kin,” as well as of the Historical
Archive of the National Police. In this regard, the Court considers that it is not necessary to
require Guatemala to present this documentation, 40 because it is not essential for deciding
this case, owing to the acknowledgment of responsibility made by the State, and taking into
account that the available body of evidence provides sufficient probative elements to decide
the merits of this case.
44.
In their observations on the investigation report requested by the Court (supra para.
11), the representatives and the Commission indicated, inter alia, that the report submitted
was “insufficient and inadequate” and that it “d[id]not comply with the criteria established
by the Court” when requesting it (supra para. 11). The Court considers that the
observations of the Commission and the representatives refer to aspects of the content of
this report that do not contest its admissibility, but rather relate to its probative value. 41
Consequently, under Article 58(c) of the Rules of Procedure, the Court finds it appropriate to
39
The representatives made this request in their pleadings and motions brief, their brief with observations
on the acknowledgment of responsibility, and their written final arguments.
40
The Court has ruled similarly in the following cases: Case of Chocrón Chocrón v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of July 1, 2011. Series C No. 227, para. 38, and Case of
Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011. Series C No. 232,
para. 34.
41
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment
of June 30, 2009. Series C No. 197, para. 43; and Case of the Barrios Family v. Venezuela. Merits, reparations and
costs. Judgment of November 24, 2011. Series C No. 237, para. 28.
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