25
evidentiary value depends on whether they corroborate or refer to issues related
to the specific case.53
56.
In regard to the press releases, this Court has considered that they may
be valued when they discuss facts of a public and notorious nature or declarations
of State officials, or when they corroborate issues related to the case.54 The Court
decides to admit the documents that are complete or that at least allow the Court
to identify their source and the date of publication, and assess them in
consideration with all of the body of evidence, the observations of the State, and
the rules of sound judgment.
57.
Moreover, the Court adds those decisions and documents to the body of
evidence, in application of Article 47(1) of the Rules of Procedure given that it
considers them useful in resolving the case.
58.
Subsequent to the response to the application, on May 6, 2010, the State
reported to the Court that on April 29, 2010, the Federal Supreme Court ruled the
inadmissibility of the Non-compliance Action of the Fundamental Principle No. 153
and confirmed, by seven to two votes, the domestic validity of the Amnesty Law.
Brazil indicated that said decision constituted a new supervening fact in the terms
of Article 46(3) of the applicable Rules of Procedure which substantially alters the
procedural instructions carried out to date, and requested that the votes of four
Ministers of the Federal Supreme Court that accompanied the decision be
submitted as evidence.
59.
The Court considers that the decision of the Federal Supreme Tribunal of
the State that affirms the constitutionality of the Amnesty Law is related to the
facts of the present case. As a consequence, the Court admits, as supervening
evidence of the facts, the documents provided by the State in the terms of Article
46(3) of the Rules of Procedure, and considers, where applicable, the information
therein.
60.
On its behalf, the Court admits, as an exception, the documents rendered
by the parties at various procedural moments because it finds said documents to
be relevant and useful for the determination of the facts and the eventual legal
consequences, without precluding the considerations made below.
61.
The Inter-American Commission presented with its final arguments,
documents submitted by the expert Uprimny in relation to his expert report
before the Tribunal. The State noted that there is no rule of procedure regarding
the possibility of complementing an expert testimony rendered in the public
hearing. Moreover, it argued that said documents do not refer to facts related to
the proceedings nor to alleged force majeure, serious impediment, or
supervening facts, and as such the documents offered are inadmissible and timebarred.
62.
The Court recalls that the documents related to the expert report of the
expert witness Uprimny were offered in response to a request by the Court during
the public hearing, and as such, the Court will incorporate said documents into
the body of evidence of the present case pursuant to Article 47 of the Rules of
53
Cf. Case of Radilla Pacheco, supra note 24, para. 72; Case of Fernández Ortega et al. v.
México. Preliminary Objection, Merits, Reparations, and Costs. Judgment of 30 de agosto de 2010.
Series C No. 215, para. 33, and Case of Rosendo Cantú et al., supra note 45, para. 34.
54
Cf. Case of Velásquez Rodríguez. Merits, supra note 25, para. 146; Case of Rosendo Cantú et
al., supra note 45, para. 35, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 18, para. 43.