evidence requested in accordance with Article 58(b) of its Rules that were not objected to by
the parties.
138. With respect to the procedural opportunity for the submission of documentary
evidence, according to Article 57(2) of the Rules of Procedure, such evidence must be
presented, in general, together with the briefs submitting the case, of pleadings and motions
or answering briefs, as the case may be. The Court recalls that evidence submitted outside of
the proper procedural opportunities is not admissible, except in the exceptions established in
Article 57(2) of the Rules of Procedure, namely, force majeure, serious impediment or if it
concerns a fact that occurred after the aforementioned procedural moments. 181
139. In this regard, attached to their brief of April 8, 2016, containing observations on the
preliminary objections, the Inter-American Defenders submitted as evidence the Final Report
with Recommendations of the Ombudsman’s Office, dated February 22, 2011. The Court
admits said document pursuant to Article 58(a) of the Rules, considering it useful for the
study of the arguments of the parties regarding the alleged violation of the right to personal
integrity of the alleged victims.
140. Also, in a brief dated April 12, 2016, the common interveners SIPDH submitted,
together with their brief of observations on the preliminary objections: i) the death certificate
of Mr. Manfred Amrhein, and ii) the cassation judgment in a civil suit for damages related to
the criminal proceeding of the petitioners of Group 1 (Manfred Amrhein et al.). Said
documents pertain to Group 1, on which the Court will not rule in this judgment. Therefore,
these documents will not be taken into account.
141. In addition, together with its final written arguments, the State submitted the “Study
on Appeals Regimes in Adversarial Criminal Procedure Systems in the Americas: Central
Aspects,” prepared by the Justice Studies Center of the Americas at the request of the InterAmerican Commission. In this regard, the Court observes that this report is dated August 31,
2009, and therefore it is not supervening evidence and the exceptions provided for in Article
57(2) of the Rules of Procedure do not apply. Consequently, the Court will not admit said
document.
142. As for the annexes submitted by the State together with its final written arguments,
corresponding to the briefs submitted by Costa Rica after the adoption of the Merits Report in
the proceedings before the Commission, the Court admits them, since it considers that they
were already part of the file before the Commission.
143. With regard to the documents on costs and expenses submitted by Factum Consorcio
with its final written arguments, the State objected to these documents, arguing that in its
answer it had requested that all claims for reparations be dismissed. However, the Court
considers that the State’s objection is an argument on the merits of the case that does not
preclude the admissibility of the documents. In this regard, the Court will only consider those
documents that refer to costs and expenses incurred after the submission of the pleadings
and motions brief, pursuant to Article 40(2)(d) of the Rules of Procedure.
144. In addition, together with its brief of December 19, 2017, containing observations on
the annexes forwarded by the State on September 25 and November 28, 2017, SIPDH
forwarded transcribed documentation related to “motions for review decided by the Third
181
Cf. Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs. Judgment of October 13,
2011. Series C No. 234, para. 22, and Case of Vásquez Durand et al. v. Ecuador. Preliminary objections, merits,
reparations and costs. Judgment of February 15, 2017. Series C No. 332, supra, para. 52.
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