24
.
representatives provided documents consisting in statements of the alleged victims
authenticated by the General Consulate of the Republic of Costa Rica in the Bolivarian
Republic of Venezuela, arguing that “due to reasons of a grave impairment” they could not
be offered when the presented their brief of pleadings and arguments. Thus, the
representatives, based on Article 44(3) of the Rules of Procedure, requested that said
evidence be declared admissible, since they could not be provided earlier due to the refusal
of some notary publics to certify them. Regarding the statements forwarded on that second
occasion, the format and there are differences between some of the sections of the
statements that were sent first and the ones later authenticated.
83.
In this sense, the Commission expressed that “as long as [the documentary evidence
provided by the representatives on December 17, 2007] consists of duly certified copies of
statements that were in fact presented to the Tribunal on the corresponding procedural
moment, it has not observations to present.”
84.
Taking into account the aforementioned considerations, this Tribunal believes that
the State’s right to defense has not been violated, since the latter had the possibility to
object and dispute the content of all those statements. However, the eleven statements that
were forwarded by the representatives in the corresponding procedural opportunity, that is,
along with the brief of pleadings, motions, and evidence, will be included in the body of
evidence, and assessed taking into account the parties’ observations. With regard to the
statements forwarded on December 17, 2007 by the representatives, elements to determine
the veracity of the alleged hindrance have not been presented in the terms of Article 44(3)
of the Rules of Procedure. However, they were forwarded to the State, who had the
opportunity to present observations. Given that the Tribunal considers that these
statements are relevant and useful for the resolution of the present case, it includes them in
the body of evidence in the terms of Article 45(1) of the Rules of Procedure.
85.
Similarly, the representatives expressed that the Notary Public refused to legally
receive the statements of the witnesses and experts required in the Order of the President
of the Court of June 11, 2008. The State did not object the aforementioned.
86.
The Court considered it wrongful that those who exercise public duties of bearing
witness refuse to receive statements of people summoned by an international human rights
court. Pursuant with Article 24(1) of the Rules of Procedure, the States Parties in a case
have the duty to “facilitate [the] execution of orders to appear before the Court of people
residing in their territory or in it.” Said people were summoned by the Presidency of the
Court to offer their statements before a notary public. Therefore, the State shall guarantee,
as a projection of the principle of good faith that must govern compliance of conventional
obligations, that there are no obstacles in obtaining the evidence. 47 However, in the present
case the Court does not have sufficient evidence to determine the veracity of the alleged
hindrance.
87.
In reference to the press documents presented by the parties, which have not been
objected, this Tribunal considers that they may be effective as evidence only when they
refer to public and notorious facts or statements made by State officials or when they verify
aspects related to the case48 and are verified by any other means.49
The Permanent Arbitration Court established that “[e]ach State shall comply with its conventional
obligations bona fide, and if it does not do so it may be punished with the common punishments established in
International Law” (translation of this Court). Cf. Reports of International Arbitral Awards, The North Atlantic Coast
Fisheries (Great Britain, United States), 7 September 1910, Volume XI, pp. 167-226, p. 186.
47
48
Cf. Case of Velásquez Rodríguez. Merits, supra note 38, para. 146; Case of the “White Van” (Paniagua
Morales et al.). Merits, supra note 45, para. 75; Case of Valle Jaramillo et al. V. Colombia, supra note 29, para. 62,
and Case of Ticona Estrada V. Bolivia. Merits, Reparations, and Costs. Judgment of November 27, 2008. Series C
No. 191, para. 42.