18
38.
As regards the depositions of the alleged victims, the State expressed, in
general terms, that witnesses Cabrera García and Olivar López and witness Cortés
Salgado rendered “many and considerable contradictory statements, and even
made further statements, not only about the alleged acts of torture against the
petitioners but also in relation to the facts mentioned by the representatives.” As
regards witness Montiel Flores, the State also alleged that there seemed to be
numerous contradictions in his statement. To that end, the Tribunal shall evaluate,
in the merits of the case, whether the statements made by these witnesses are
based on evidence.
39.
According to the case law of this Tribunal, in view of the fact that the
alleged victims have a direct interest in the case, their statements shall not be
assessed separately but as a whole with the rest of the body of evidence of the
proceeding,38 inasmuch as they are useful as long as they provide more
information on the alleged violations and their consequences. The Court notes that
the purpose of the State’s objections is to discredit the evidentiary value of the
depositions made by the alleged victims in this proceeding. Mainly, the Court
considers that such depositions would show differences with the previous
depositions made under domestic law or rather, that two alleged victims did not
witness certain facts on which they depose or refer to facts that do not form part of
the subject-matter of the case. The Tribunal considers that such objections do not
challenge the admissibility of such evidence but that they question its evidentiary
value. Based on the foregoing, the Court admits the statements mentioned,
without prejudice to the fact that its evidentiary value may only be considered
regarding the matters that adjust to the purpose timely defined by the President of
the Court (supra paras. 25 and 26) therefore, the Court shall consider the body of
evidence, the State’s observations and the rules of sound judgment.
40.
In relation to the deposition made by witness Patrón Sánchez, the State
pointed out that “the initial part of [his] deposition” was “absolutely biased” since
the witness made reference to “facts and circumstances that the witness does not
know for a fact, as the witness expressed.” Hence, the State requested the Tribunal
“to reject the entire deposition.” Likewise, as regards the other considerations
made by the witness, in general terms the State “limit[ed] to submit the judicial
case files to corroborate the witness’s falsehood;” the State further alleged that
“such irregularities should have been submitted in the brief of pleadings, motions
and evidence, not as mere observations without any support or basis,” apart from
the fact that “there are remedies in the judicial system to challenge the
irregularities mentioned by the witness.” To that end, the Tribunal shall assess, in
the merits of the case, whether the statements made by this witness are based on
evidence. On the other hand, the Court recalls that the evaluation on biased or
unbiased depositions is not made in relation to the witnesses, in respect of whom it
is appropriate to assess the evidentiary weight of their statements; this shall be
done at the merits stage when assessing the deposition together with the rest body
of evidence.
41.
As regards the deposition by witness Valdovino Ríos, the State pointed out
that “the witness made reference to facts that are not related to this case,
specifically, regarding experiences that Mr. Felipe Arreaga allegedly had on dates
before and after the detention” of Messrs. Cabrera and Montiel. Due to this reason,
the State requested to reject the depositions not related to the case. On the other
hand, the State pointed out that the witness “made several considerations about
various activities carried out by Mr. Felipe Arreaga and Messrs. Rodolfo Montiel and
Teodoro Cabrera which the witness did not know for a fact and of which the witness
38
Case of Loayza Tamayo v. Peru, supra note 37, para. 43; Case of Rosendo Cantu et al v.
Mexico, supra note 30, para. 52; and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30,
para. 47.