54
92.
As regards the documents requested pursuant to Article 45 of the Rules of
Court, and presented by the Commission, the representatives and the State (supra
para. 61), the Court observes that the parties did not provide all the documentary
evidence requested for better adjudication of the case with regard to the preliminary
objections and eventual merits, reparations and costs.
93.
On the subject of the documents and information that the Court requested of
the parties and that they did not provide, the Court notes that the parties are
required to provide the Court any evidence it requests, whether it be documents,
testimony, expert testimony or opinions, or evidence of any other kind. The
Commission, the representatives and the State have an obligation to provide all the
evidentiary materials requested for better adjudication of the case, so that the Court
has the maximum amount of information and materials to enable it to ascertain the
facts and arrive at a reasoned judgment.
94.
As for the documents requested pursuant to Article 45 of the Rules of Court
and duly provided, the Court is adding them to the body of evidence in the instant
case in application of the provisions of the second paragraph of that article.49
95.
Because it does not have complete information as to the identity of all the
possible victims in the instant case, the Court will concentrate exclusively on the
alleged victims named in the application, in the Court’s order of June 21, 2002, and
in the list supplied by the Commission on November 19, 2002. The Commission’s list
supplied information about the persons who were inmates at the Center in the period
from August 14, 1996 to July 25, 2001.
The State did not challenge the
Commission’s list.
Assessment of the Testimony of Witnesses and Experts.
96.
Concerning the testimony of the witnesses and the opinions given by the
experts in the instant case at the public hearing held at the seat of the Court on May
3 and 4, 2004 (supra para. 54), the Court is admitting those statements and
opinions to the extent that they fit the purpose of the proposed examination and
were not contested or disputed.
97.
As stated previously (supra para. 83), this Court deems that the statements
made by the next of kin of the alleged victims, who have a direct interest in this
case, cannot be evaluated separately; instead, they must be evaluated within the
context of the body of evidence in the case. Both for the merits and for reparations
the testimony of the alleged victims’ next of kin is useful to the extent that their
testimony can provide additional information on the consequences of any violations
that may have been committed.
98.
The Commission had advised the Court that “after the witness María Zulia
Giménez testified on the ‘fires and subsequent events at the Center […], the
Commission […] learned that the witness Giménez is related by kinship to one of the
representatives of the [alleged] victims.” The State, for its part, “[wa]s pleased to
learn that the […] Commission had investigated and confirmed the existence of a
kinship relationship between Zulia [G]iménez and one of the alleged victims’
representatives.”
49
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 60; Case of the 19 Tradesmen,
supra note 26, para. 78; and Case of Molina Theissen, supra note 26, para. 31.
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