24
4) Marlon Alberto Weichert, witness proposed by the Commission and the
representatives. Declared on: a) the reach and interpretation of the
Brazilian Amnesty Law; b) the other obstacles that allegedly were used in
Brazilian law to prevent the investigation, prosecution, and punishment of
serious human rights violations, and c) the obstacles and restrictions
which allegedly affected the right to access to information in Brazil;
5) Belisário dos Santos,51 witness proposed by the representatives.
Declared on: a) the alleged legal and juridical obstacles in the litigation of
the cases of political prisoners, dealing with facts that took place during
the Brazilian military regime; b) the barriers allegedly faced by the Special
Commission in attempts to access official documents in State custody and
in the search and delivery of the bodily remains of the alleged disappeared
victims; c) the judgment of proceedings and the payment of compensation
by the Special Commission, and d) the activities of the Monitoring
Committee of the Tocantins Working Group;
6) José Gregori, witness proposed by the State. Declared on the
importance of the activities of the Special Commission on Political Deaths
and Disappearances of Persons and the historical context of Law No.
9.140/95;
7) José Paulo Sepúvelda Pertence, witness proposed by the State.
Declared on: a) the historical context of the elaboration and promulgation
of the Amnesty Law, and b) of its alleged contribution to the national
reconciliation process during the time of its promulgation.
8) Rodrigo Uprimny, professor, expert on transitional justice, expert
witness proposed by the Commission. Rendered an expert report on: a)
the eventual impact on the current Brazilian society caused by the
unawareness of the historical truth of its past and the serious human
rights violations which occurred during the military regime, and b) the
possible consequences of this, and
9) Gilson Langaro Dipp, Minister of the Superior Court of Justice, former
National Ombudsman of Justice, expert proposed by the State. Rendered
an expert report on the “Arguição de Descumprimento de Preceito
Fundamental” under the Brazilian legal system.
B. Assessment of documental evidence
54.
In the present case, as in others,52 the Court admits the evidentiary value
of said documents submitted by the parties at the opportune procedural moment
that were neither contradicted, objected to, nor their authenticity questioned.
55.
In relation to articles or academic texts, the Court has noted previously
that are written works that contain declarations or affirmations by their authors
for public dissemination. In this sense, the assessment of their content is not
subject to the required formalities of testimonial evidence. Nevertheless, their
51
Cf. Case of Gomes Lund et al. (“Guerrilha do Araguaia”). Reconsideration, supra note 47,
Considering clauses 18 to 22 and Operative Paragraph 2.
52
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 140; Case of Rosendo Cantú et
al., supra note 45, para. 31, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 42.