unrelated to the other facts of the proceedings. Therefore, their inclusion within the
factual framework of the instant case is inadmissible.
69.
With regard to the mining exploration activities in front of the coast of La
Mosquitia and the enactment of the Fisheries Law in Honduras, the Court considers
that, as argued by the representatives, these facts are supervening insofar as they
occurred after the issue of the Merits Report. However, the Court considers that the
alleged facts are unrelated to the central issue of the case. In addition, the Court lacks
sufficient evidence to rule on the presumed impacts that those facts might have on the
territory of the Punta Piedra Garifuna community. Consequently, their inclusion in the
factual framework of this case is inadmissible.
VII
EVIDENCE
A. Documentary, testimonial and expert evidence
70.
The Court received diverse documents presented as evidence by the
Commission, the representatives and the State, attached to their principal briefs
(supra paras. 2.g, 5 and 6). The Court also received the documents it had requested
as helpful evidence, based on Article 58 of the Rules of Procedure (supra paras. 13 and
15) as well as some documents following the on-site procedure (infra para. 73). In
addition, the Court received: (1) the statements of witnesses Jesús Ramón Flores and
Everardo Diaz Bonilla proposed by the State; (2) the opinion of expert witness
Christopher Loperena proposed by the representatives; (3) the statements of
presumed victims Antonio Bernárdez Suazo; Armando Castillo Núñez; Dionisia Avila
Castillo; Edelberta Ávila Castillo; Edito Suazo Ávila; Guillermo Martinez Batiz; Joaquin
Thomas Rodriguez; Paulino Mejía Castillo; Santos Ávila Castillo and Santos Celi Suazo
Castillo proposed by the representatives, and (4) the opinion of expert witness James
Anaya proposed by the Commission. Regarding the evidence provided during the public
hearing, the Court received the statements of presumed victims Lidia Palacios and
Doroteo Thomas Rodriguez proposed by the representatives. In addition, the Court
incorporated the expert opinion of José Aylwin previously provided in the case of the
Triunfo de la Cruz Garifuna Community and its members v. Honduras. 35
B. Admission of the evidence
B. 1 Admission of the documentary evidence
71.
In this case, as in others, the Court admits those documents submitted by the
parties and the Commission at the appropriate procedural moment that have not been
contested or challenged, and the authenticity of which has not been questioned. 36 The
documents requested by the Court, and that were provided by the parties after the
public hearing and the on-site visit, are incorporated into the body of evidence
pursuant to Article 58 of the Rules of Procedure (supra paras. 15 and 19).
The purpose of these statements was established in the order of the President of July 31, 2014,
supra, para. 10.
36
Cf. Case of Velásquez Rodríguez, Merits, supra, para. 140, and Case of Omar Humberto Maldonado
Vargas et al. v. Chile. Merits, reparations and costs. Judgment of September 2, 2015. Series C No. 300,
para. 12.
35
20