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supported by the judicial case file.” The Court, however, accepts this evidence to the extent
that it is related to the purpose established in the Order of the Court (supra para. 65),
taking into account the observations of the Commission and the representatives, and it will
be assessed according to the rules of sound judicial discretion and the body of evidence in
the proceedings.
71.
The representatives challenged the sworn written statement of Rolando Alberto
Rodríguez, stating that “he could have an interest in the result of these proceedings,”
because he is Manuel Antonio Noriega’s lawyer, and his name appears in the judicial
proceedings relating to Heliodoro Portugal’s disappearance as the person who issued the
order for his detention. Nevertheless, the Court admits this evidence, to the extent that it
relates to the purpose established in the Order of the Court (supra para. 65), bearing in
mind the observations of the representatives, and it will be assessed in accordance with the
rules of sound judicial discretion and the body of evidence in the proceedings.
72.
Regarding the sworn written statements of Gerardo Victoria and Edgardo Sandoval,
the representatives indicated that, in the case of the former, his testimony “is only partially
true,” because the medical care provided to the Portugal family “was not adapted to their
requirements.” In relation to Mr. Sandoval’s testimony, they indicated that the measures
taken by the State to comply with the Inter-American Commission’s recommendations in its
Report 103/05 “were not only belated, but also ineffectual.” In this regard, the Court takes
into account the observations submitted by the representatives, and considers that these
statements could help the Court determine the facts of the instant case, to the extent that
they are in keeping with the purpose established in the Order of the Court (supra para. 65),
and it will assess them in accordance with the rules of sound judicial discretion and all the
evidence in the proceedings.
73.
The State challenged the sworn written statement of Roberto Arosemena because “it
did not meet the minimal requirements for admission as testimonial evidence”; it argued
that, instead of testimony, Mr. Arosemena had presented an “argument full of accusations
that correspond to the personal ideology of the deponent.” However, the Court admits this
evidence, to the extent that it relates to the purpose established in the Order of the
President (supra para. 65), bearing in mind the observations of the State, and it will be
assessed in accordance with the rules of sound judicial discretion and in light of all the
evidence in the proceedings.
74.
The State challenged the sworn written statement of Jacqueline Riquelme,
considering it inadmissible, because it was time-barred. In this regard, the Court observes
that, on January 9, 2008, the date on which the respective time limit expired, the
representatives presented an electronic version of Ms. Riquelme’s testimony and forwarded
the original version on January 11, 2008, in keeping with the time limit established in Article
26(1) of the Rules of Procedure. In addition, the State alleged that this testimony “[d]oes
not constitute an assessment of the individual psychological conditions of Graciela De León,
Patria Portugal, Franklin Portugal and Román Mollah” and that “[its] conclusions have not
been validated.” In this regard, the Court takes note of the observations of the State, and
considers that the said testimony can help the Court determine the facts of this case, to the
extent that it is in keeping with the purpose determined in the Order of the Court (supra
para. 65), and it will assess it in accordance with the rules of sound judicial discretion and
the body of evidence in the proceedings.
75.
The State contested the written expert opinion of Freddy Armando Peccerelli, arguing
that it “has fundamental flaws that negate all of its probative value.” According to the State,
“[i]t is an eminently theoretical and abstract document […] based on incomplete