26
79.
As regards the documentary evidence submitted by the parties after their
submission of the main pleadings (supra paras. 19, 31, 33, 36 and 37), only the
Inter-American Commission raised objections concerning only the evidence submitted
by the State together with its final arguments (supra para. 34). None of the other
documents tendered by the parties were objected to by any of them. The Court notes
that part of the evidence submitted by the State together with its final written
arguments corresponds to the evidence required by the Court during the public
hearing held in the instant case (supra para. 28), whereby it admits it. As regards the
rest of the evidence submitted by the parties, the Court likewise admits it, as it deems
it useful for the adjudication of the instant case. Therefore, the Court incorporates all
of these documents to the body of evidence.
80.
As regards the documents submitted by the Asociación Americana de Juristas
de
Valparaíso/Aconcagua
(American
Association
of
Legal
Scholars
of
Valparaíso/Aconcagua) as attachments to their amicus curiae, the Court admits them,
since they contain information which is useful and relevant to the instant case.
81.
Finally, as to the press documents submitted by the parties, the Court has
considered that they may be assessed insofar as they contain public and notorious
facts or statements given by State officials or confirm aspects related to the case.19
VII
PROVEN FACTS
82.
After analyzing the evidence, the testimonies of witnesses and expert
witnesses and the arguments of the Inter-American Commission, of the
representatives and of the State, the Court finds the following facts to be proven.
Mention must be made that the State did not challenge at any procedural stage the
facts detailed in paragraphs 1 to 23 of this Chapter. Similarly, the Commission and
the representatives did not challenge the facts specified in paragraphs 24 and 26 to
35 herein. Moreover, the Court points out that the facts described in infra
subparagraph b) regarding the events occurred prior to the ratification of the
jurisdiction of the Court by the Chilean State can only be considered precedents for
the purpose of providing context for the facts mentioned in subsequent
subparagraphs.20 Lastly, the Court remarks that the information on the events
described in subparagraph b(i) was entirely gathered from three official reports
about the events occurred from September 11, 1973 to March 10, 1990, i.e. the
Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and
Reconciliation Commission), the Report on the classification of victims of human
rights violations and political violence of the Corporación Nacional de Reparación y
Reconciliación (National Reparation and Reconciliation Corporation), and the Report
of the Comisión Nacional sobre Prisión Política y Tortura (National Commission on
Political Imprisonment and Torture).
19
Cf. Case of Ximenes-Lopes, supra note 14, para. 55; Case of the Ituango-Massacres, supra note
17, para. 122; and Case of Baldeón-García, supra note 14, para. 70.
20
As stated by the European Court, even if there is only ratione temporis jurisdiction regarding
events occurred after the ratification of the European Convention, “it could have regard to the facts prior
to ratification inasmuch as they [...] might be relevant for the understanding of facts occurring after that
date.” ECHR, Case of Broniowski v Poland [GC]. Judgment of 22 June 2004, Application No. 31433/96,
para. 122.