-48Fujimori’s negative background. The court “ruled against” the magazine, because in
such circumstances there was no way of winning a case, but “when the regime came
to an end, the judgment was subject to review and annulled.”
The premises of Caretas magazine are just next to the Municipality of Lima. Both
buildings are located in the Plaza de Armas. Such location of the magazine’s offices,
allowed him to witness the demosntrations carried out by the SITRAMUN, which
were remarkable “not only for their frequency and the degree of vandalism, but also
because of the attitude of the police.” Whilst the police was severe in other
situations, it was passive towards the SITRAMUN demonstrations. He made
reference to the demonstrations made in 2000. Tire-burning was permanent,
megaphones were used, and the mayor’s residence was broken into, with the police
reacting tardily. They thought it was evident that some kind of political move was
behind all that, designed to erode the exposure or the image of a potential
candidate, for which reason they devoted some articles to the issue.
C) EVIDENCE ASSESSMENT
Documentary Evidence Assessment
189. In the instant case, as in others27, the Court recognizes the evidentiary value
of the documents submitted by the parties at the appropriate procedural stage, which
have neither been disputed nor challenged, and whose authenticity has not been
questioned.
190. As to the documents forwarded as evidence, clarifications and explanations to
facilitate the adjudication of the case (supra paras. 69, 72, 73, 74, 77, 104, 106 and
110), the Court admits them into the body of evidence pursuant to Article 45(2) of
the Rules of Procedure, taking into consideration the comments submitted by the
parties (supra paras. 86, 88, 89, 90, 93, 97 and 108).
191. As to the sworn statements which have not been given before a public official
whose acts command full faith and credit by seven witnesses the Commission and the
common intervener proposed and by an expert witness the common intervener
proposed, the Court admits them inasmuch as they serve the purpose set forth by the
Order of the President issued on August 1, 2005 and assesses them as a whole with
the rest of the body of evidence, applying thereto the standards of reasonable credit
and weight analysis and taking into consideration the comments filed by the State. On
other occasions the Court has admitted sworn statements not given before a public
official with authority to confer full faith and credit to the acts passed before him
provided that legal certainty and the procedural equality between the parties28 are not
impaired. In addition, the Court admits the waiver made by the Commission of the
right to submit the expert opinion which was to be rendered by Josmell MuñozCórdoba (supra para. 58).
27
Cf. Case of Blanco-Romero et al, supra note 24, para. 43; Case of García-Asto and Ramírez-Rojas,
supra note 16, para. 88; and Case of Gómez-Palomino, supra note 21, para. 45.
28
Cf. Case of García-Asto and Ramírez-Rojas, supra note 16, para. 92; Case of Palamara-Iribarne,
supra note 25, para. 57; and Case of the “Mapiripán Massacre”, supra note 16, para. 82.