21
*
*
*
50.
The technical opinion that Mr. Bernales Ballesteros provided to the
Commission was not challenged by the State; therefore, this Court, pursuant to the
powers granted it by article 44 of its Rules of Procedure, considers it useful and
incorporates it into the probative material as documentary evidence.
51.
The documentation that the Commission submitted during the public hearing
on merits included documents about supervening events dated after the
application11 and, based on Article 43 of its Rules of Procedure, the Court decides to
incorporate them into the probative evidence.
52.
All but two of the newspaper clippings submitted by the Commission with its
arguments on expenses and costs had already been submitted during the public
hearing on merits (supra 38); accordingly, it is not necessary to include them in the
probative evidence.
53.
Furthermore, this Court has considered that, even though they are not really
documentary evidence, the newspaper clippings submitted by the Commission
(supra 37, 38 and 41) can be evaluated when they deal with well-known or public
facts or statements made by State officials, or when they corroborate the contents
of other documents or testimonies received during the proceeding12. Therefore, the
Court adds them to the probative material as an appropriate means of verifying the
truth of the facts of the case, in conjunction with the other evidence.
54.
The documents submitted by the Commission during the merits stage were
not contested or challenged, nor were any questions raised about their authenticity;
therefore, the Court considers them to be valid.
55.
The 1979 and 1993 Constitutions of Peru, the rules of procedure of the
Congress of the Republic of Peru, published in the official gazette, El Peruano, on
May 30, 1998 (supra 40), Law No. 26,301 promulgated on April 18, 1994, and
published in the official gazette, El Peruano, on May 3, 1994, Law No. 26,430
published in the official gazette, El Peruano, on January 7, 1995, Law No. 23,506
(Habeas Corpus and Amparo Law), published in the official gazette, El Peruano, on
December 8, 1982, and the evidence on expenses and costs submitted by the
Commission are considered useful for deciding the instant case and are added to the
probative evidence, pursuant to the provisions of Article 44(1) of the Rules of
Procedure.
VIII
PROVEN FACTS
11
Cf. Copy of legislative resolution No. 007-2000-CR of the Congress of the Republic, dated
November 17, 2000; Newspaper article, “Paniagua debe asumir la Presidencia”, La República, November
21, 2000; Newspaper article, “Una solución política a la crisis”, La República, November 21, 2000; and
Newspaper article, “El Tribunal Constitucional ya puede funcionar plenamente”, El Comercio, November 21,
2000.
12
Cf. Bámaca Velásquez case, supra note 4, para. 107.