41
rules of sound criticism and bearing in mind the observations of the parties (supra
paras. 29, 38 and 39).
114. Regarding the sworn statements that were not made before notary public by
the witnesses proposed by the Commission and the representatives, and also by the
expert witnesses proposed by the representatives, the Court admits them to the
extent they are in keeping with the purpose defined in the order of July 28, 2005,
and assesses them together with the body of evidence, applying the rules of sound
criticism and bearing in mind the objections submitted by the State (supra para. 36).
On other occasions, the Court has admitted sworn statements that were not made
before notary public, when this does not affect the legal certainty or the procedural
equality of the parties.32
115. The representatives objected to the expert opinion given before notary public
(affidavit) by Hernan de Jesús Sanín Posada, presented by the State, arguing that
some of the conclusions reached by the expert witness were not true (supra para.
38). In this regard, the Court admits this expert opinion to the extent that it is in
keeping with the purpose defined in the order of July 28, 2005, and assesses it with
the body of evidence, applying the rules of sound criticism and bearing in mind the
objections raised by the representatives.
116. The Commission objected to the statement made before notary public
(affidavit) by Jorge Armando Otalora Gómez, presented by the State, with regard to
“the recital of the facts on pages 1 to 7 concerning the events in La Granja, and
pages 7 to 13, [since] they did not constitute testimony,” and, consequently, stated
that “the facts referred to there should be accepted as proven only to the extent that
the Court has the judicial documentation in which they are recorded” (supra para.
39). In this respect, the Court admits this statement to the extent that it is in
keeping with the purpose defined in the order of July 28, 2005, and assesses it with
the body of evidence, applying the rules of sound criticism and bearing in mind the
objections raised by the Commission.
117. The representatives objected to the statements made before notary public
(affidavits) by Jorge Armando Otalora Gómez and Jaime Jaramillo Panneso,
presented by the State, because they were time-barred, having been submitted one
day after the time limit for their presentation had expired (supra para. 38). In this
regard, the Court considers that, although these statements were presented on
September 9, 2005, while the time limit for their presentation had expired on
September 8, 2005, this delay does not affect the legal certainty and procedural
equality of the parties. Therefore, the Court admits these statements to the extent
that they are in keeping with the purpose defined in the order of July 28, 2005, and
assesses them with the body of evidence, applying the rules of sound criticism and
bearing in mind the objections raised by the representatives.
118. The Court considers useful for deciding this case the documents presented by
the representatives on September 23, 2005 (supra para. 43), which consist of
powers of attorney, identity cards, a marriage certificate, and also baptismal
certificates and birth certificates of some of the alleged victims and their next of kin;
particularly, as they were not contested or opposed and their authenticity and
32
Cf. Case of Baldeón García, supra note 5, para. 67; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 42; and Case of Acevedo Jaramillo et al., supra note 12, para. 191.
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