11
Procedure, which have not been disputed or objected nor their authenticity or
veracity questioned.
27.
As to the testimonies, statements for informative purposes and expert
opinions rendered by witnesses and expert witnesses by means of affidavits and
at public hearings, which the parties did not challenge, the Court deems they are
appropriate inasmuch as they adjust to the purpose defined by the Tribunal in the
Order by means of which such evidence was requested (supra para. 7) and it
shall assess them on the basis of the body of evidence and sound judgment rules.
The Court points out that the statements rendered by the alleged victims cannot
be assessed separately for they have a direct interest in the outcome of the case,
and therefore, must be assessed as a whole with the rest of the body of evidence
of the proceedings and according to the sound judgment rules.
28.
In the application, the Commission requested the Court to order the State
"the presentation of complete and certified copies of case-file 2027-98 that is
being processed before the 66° Specialized Civil Court of Lima". Moreover, the
State required the Court to declare the Commission’s request to be inadmissible
“since it does not relate to the case at hand”. In such regards, the Court notes
that the body of evidence, which is a constituent part of case-file before it, is
enough to solve the disputes put forward in the case at hand (supra paras. 1 to
5), and therefore the Court considered it was unnecessary to require such
documentation.
29.
Moreover, the representative and the State tendered evidence together
with their observations to the sworn statements (affidavits) rendered in the
instant case.16 The Tribunal notes that, even though said items of evidence
tendered by the representative were forwarded after the presentation of the brief
of pleadings and motions (supra para. 8), it is related to a supervening fact that
did not exist at the moment of the submission of said brief. Besides, the Court
notes that the evidence tendered by the State consists of several Orders and
briefs that were issued, notified or presented between the months of December,
2008 and January, 2009, that is to say, after the presentation's date of the
response to the application or that they are related to such supervening facts.
Besides, the Court notes that said evidence was not challenged by the parties
(supra paras. 8, 9 and 10), and that it is useful and appropriate for the
determination of the facts of the case at hand. Therefore, in accordance with
Article 44(3) of the Court’s Rules of Procedure, the Tribunal admits it into the
body of evidence to assess it according to the rules of sound judgment.
30.
The State challenged the statement rendered by Flavia Marco Navarro due
to the fact that "she does not meet the requisites of competence, suitability or
specialty to act in the capacity as expert witness in relation to the aspects defined
as subject-matter of the expert assessment […] ], since far from referring to
[said] subject-matter […] she refers to totally different issues”. The Court has
verified, after seen the resume of the expert witness Flavia Marco Navarro, that
she presents herself as an expert in social security affairs and that she rendered
16
The representative tendered the following evidence: a) Order issued by the Sixth Civil
Chamber of the Superior Court of Lima, of November 27, 2008 and notified to the Association of
Discharged and Retired Employees on January 8, 2009; b) copy of Acts N°. 28046 and 28047,
mentioned in said Order of November 27, 2008; c) copy of the Rules of Procedure of Act N° 28046,
also related to Order of November 27, 2008 and d) copy of the judgment rendered by the
Constitutional Court of Perú, dated September 20, 2004, mentioned by the Sixth Civil Chamber of the
Superior Court of Lima in its Order of November 27, 2008. In addition, the State tendered the
following evidence: Order N° 266, of July 1, 2008 (notified on December 24, 2008); 3.2) Order N°
291, of December 12, 2008; Order N° 296, of December 30, 2008; Order N° 298, of January 9, 2009;
Brief of January 13, 2009, presented by the Public Attorney General of the Comptroller General of the
Republic; Order N° 299, of January 14, 2009 and Order N° 300, of January 15, 2009.