17
68.
Pursuant to the above, the Court will now examine and assess the set of
items that constitute the body of evidence in this case.
A) DOCUMENTARY EVIDENCE
69.
The Inter-American Commission contributed documentary evidence when it
filed its application brief (supra para. 19)13.
70.
The representatives of the alleged victim and his next of kin submitted
several appendixes as documentary evidence, together with the brief containing
pleadings and motions (supra para. 25)14.
71.
The State sent the brief filing preliminary objections, replying to the
application and commenting on the arguments and motions, to which it attached
several appendixes as documentary evidence (supra para. 26)15.
72.
Witness Juan Montenegro and expert witness Santiago Argüello Mejía supplied
various documents during the public hearing (supra para. 35),16 and the
representatives submitted a compact disk (supra para. 34).17
73.
The representatives (supra para. 30)18 and the State (supra para. 32)19
forwarded the sworn statements of Alain Abellard and Michel Robert, the replies to
the questionnaire sent by the representatives to Laurent Rapin and the statements
made before a notary public (affidavits) by César Banda Batallas, Magdalena Peñafiel
and Gloria Pérez, pursuant to the President’s June 11, 2004 Order (supra para. 29).
The representatives also forwarded the sworn statements rendered by Eric Orhand,
Frederique Tibi and Blandine Pelissier (supra para. 30).20 The Court will now
summarize the significant parts of said statements.
13
See file with appendixes to the application, volume I, appendixes 1 to 12, leaves 043 to 199;
volume II, appendixes 13 to 29, leaves 201 to 523; and volume III, appendixes 30 to 54, leaves 526 to
664.
14
See file with appendixes to the brief with arguments and motions, appendix 01 to 27, leaves 666
to 840; and, appendixes 28 to 38, leaves 842 to 1071.
15
See file with appendixes to the brief with preliminary objections, reply to the application and
comments on the arguments and motions, leaves 1072 to 1564.
16
See documents submitted by witness Juan Montenegro and expert witness Santiago Argüello
Mejía on July 7, 2004 (file with preliminary objections and merits and reparations, volume III, leaves
710.b to 713 and leaves 722.b to 727).
17
See compact disk submitted by the representatives of the alleged victim and his next of kin on
July 7, 2004 (file with documents submitted by the representatives during the public hearing on
Preliminary objections and merits, reparations and costs).
18
See sworn statements and statements made before a notary public (affidavits) submitted by the
representatives (file with preliminary objections and merits and reparations, volume III, leaves 564 to
567, 570 to 572.a, 572.b to 574, 575 to 590, 601 to 602 and 632 to 648).
19
See statements made before a notary public (affidavits) submitted by the State (file with
preliminary objections and merits and reparations, volume III, leaves 681 to 692).
20
See additional sworn statements submitted by the representatives (file with preliminary
objections and merits and reparations, volume III, leaves 591 to 599 and 607 to 608).
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