24
4)
Marcelo Flores Torrico, medical doctor, expert witness proposed by the
representatives, who rendered an expert assessment regarding the medical
results obtained from the assessment carried out on the alleged victim, the
after-effects that Mr. Vélez Loor would present at the moment as a
consequence of the facts of the instant case, and the necessary measures to
repair the alleged violations.
2.
Admission of the Documentary Evidence
74.
In the case at hand, as in many other cases, the Tribunal admits the
evidentiary value of such documents presented in a timely manner by the parties that
were not contested or objected to, or whose authenticity was not questioned.51
75.
The State objected to the use as evidence “of the independent investigations,
reports of the Ombudsman’s Office[, except for those reports containing statistics
corresponding to the years 2002-2003,] and reports of organizations that have
monitored the situation in prisons[, specifically, annexes 24,52 2753 and 3254 of the
application,] given that they were all prepared five years after the detention of Mr.
Vélez Loor in the Panamanian penitentiary centers;” therefore, in the State’s opinion,
such reports and investigations do not have evidentiary value and may only be
considered based on its investigative value in the general context. In particular, the
State mentioned that the Report of the Harvard University International Human
Rights Clinic, “Human Rights Stop at These Doors: Injustice and Inequality in
Panamanian Prisons,” was published in March 2008, the "Alternative Report on the
Situation of Human Rights in Panama,” of the Human Rights Network/Panama was
presented to the Office of the United Nations High Commissioner for Human Rights in
March 2008, the Psychological and Medical Expert Report on Jesús Tranquilino Vélez
Loor in the month of July 2008, and the communications of the Inter-American
Commission related to the request for precautionary measures are dated January
2008. Moreover, Panama did not consider pertinent the reference made to the
proceedings conducted by the petitioner in the State of Ecuador and before
authorities of that country to bring accusations against Panama. In this respect, the
Court takes note of the observations of the State and decides to admit said
documents and assess them as appropriate, taking into account the body of evidence,
the observations of the State, and the rules of sound judgment.
76.
Regarding the newspaper articles submitted by the Commission and the
representatives, this Tribunal has considered that they can be assessed when they
refer to well-known public facts or declarations by State officials, or when they
corroborate aspects related to the case.55 The Court verified that, in some of the
documents, the date of the publication cannot be read. However, none of the parties
objected to such documents for this fact nor questioned their authenticity. Therefore,
the Tribunal decides to admit the documents that are complete or that, at least, allow
verifying their source and date of publication, and shall assess them according to the
body of evidence, the observations of the parties, and the rules of sound judgment.
51
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 140; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 42, and Case of Rosendo Cantú et
al., supra note 27, para. 31.
52
Identified as “Psychological Medical Expert of possible Torture and/or cruel treatment issued on
July, 2008 by doctors Marcelo Flores Torrico (Medical Expert) and Andrés Gautier (Psychological Expert).”
53
Identified as “Clinic of International Human Rights Law of Harvard University, ‘Human Rights Stop
at These Doors: Injustice and Inequality in Panamanian Prisons,’ in March 2008”.
54
Identified as “Letter of January 11, 2008, of the IACHR to the State of Panama in the framework of
the request for precautionary measures related to the conditions of detention in La Joya-Joyita.”
55
Cf. Case of Velásquez Rodríguez, supra note 51, para. 146; Case of Ibsen Cárdenas and Ibsen
Peña, supra note 28, para. 43, and Case of Rosendo Cantú et al., supra note 27, para. 35.
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