of complying with some of the recommendations are incompatible with this acquiescence.12
Furthermore, the argument regarding the impossibility of complying with the
recommendation to reinstate the presumed victims is closely related to what must be
decided at the stage of reparations in the instant case. Consequently, the objections filed
have no purpose and it is not necessary to analyze them, 13 in view of the terms of the
acknowledgement of responsibility in this case.
VI
EVIDENCE
28.
Based on the provisions of Articles 46, 50, 57 and 58 of the Rules of Procedure, as
well as on its case law concerning evidence and its assessment, 14 the Court will examine
and assess the documentary probative elements forwarded by the parties on different
procedural occasion, the statements of the presumed victims and witnesses, the expert
opinions provided by affidavit and during the public hearing before the Court, and also the
helpful evidence requested by the Court. To this end, the Court will abide by the principles
of sound judicial discretion within the corresponding legal framework. 15
A.
Documentary, testimonial, and expert evidence
29.
The Court received various documents presented as evidence by the Inter-American
Commission, the representatives, and the State, attached to their main briefs. The Court
also received the affidavits of:
A) Presumed victims proposed by the representatives
1)
Enrique Herrería Bonnet, Miguel Camba Campos,16 Manuel Jaramillo Córdova,
Jaime Manuel Nogales Izureta, Luis Rojas Bajaña, Mauro Terán Cevallos and Simón
Zabala Guzmán, who testified on: (i) the presumed facts of the case, in particular
the alleged way in which they were prosecuted and the manner in which they have
experienced their dismissal; (ii) the alleged personal effects they suffered and
continue to suffer owing to the presumed violation of their human rights, and (iii)
how they would possibly feel should they receive redress if the Court declared the
violation of their rights.
B) Witness proposed by the representatives
12
Similarly, regarding preliminary objections for failure to exhaust domestic remedies, Cf. Case of the
“Mapiripán Massacre” v. Colombia. Preliminary objections. Judgment of March 7, 2005. Series C No. 122, para. 30,
and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations. Judgment of June 27,
2012. Series C No. 245, para. 30.
13
Similarly, Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 30.
14
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, paras. 69 al 76, and Case of Suárez Peralta v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of May 21, 2013. Series C No. 261, para. 30.
15
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, para. 76, and Case of Suárez
Peralta v. Ecuador, para. 30.
16
The President of the Court called on this presumed victim to be heard by means of an affidavit in the order
of February 15, 2013. However, the representatives of the victims did not forward the affidavit prepared by Miguel
Camba Campos (merits file, tome IV, folio 1445).
11