39.
The Court has received different documents submitted as evidence by the InterAmerican Commission, the representatives, and the State, attached to their main briefs
(supra paras. 1, 5 and 7). In addition, the Court has received affidavits from the presumed
victim, Alejandra García Montenegro, and from the witness, Manuel Giovanni Vásquez
Vicente. Regarding evidence provided at the public hearing, the Court heard the testimony
of the presumed victim, Nineth Varenca Montenegro Cottom, and of the witness, Velia
Muralles Bautista. 31
B)
Admission of the evidence
B.1)
Admission of the documentary evidence
40.
In this case, as in others, the Court grants probative value to those documents
forwarded by the parties and the Commission at the appropriate procedural moment that
were not contested or opposed, and the authenticity of which was not questioned. 32 The
Court observes that some of the documentary evidence offered by the State in its answering
brief was time-barred. 33 However, in application of Article 58(a) of its Rules of Procedure,
the Court decides to admit these documents as it considers them useful for deciding this
case.
41.
Regarding the newspaper articles submitted by the parties and the Commission
together with their different briefs, this Court has considered that they may be assessed
provided that the refer to well-known public facts or declarations by State officials, or when
they corroborate certain aspects of the case. 34 The Court decides to admit those documents
that are complete or that, at least, allow their source and date of publication to be verified,
and will assess them taking into account the whole body of evidence, the observations of
the parties, and the rules of sound judicial discretion.
42.
Also, with regard to some documents indicated by the parties and the Commission
by means of electronic links, the Court has established that, if a party provides, at least, the
direct electronic link to the document cited as evidence and it is possible to access it, legal
certainty and procedural equality are not impaired, because the Court and the other parties
are able to locate it immediately. 35 In this case, neither the other parties nor the
Commission contested or made observations on the content and authenticity of such
documents.
31
The purpose of these statements is set forth in the Order of the President of the Court of March 16, 2012.
The Order summoned witness Marco Tulio Alvarez Bobadilla, proposed by the State, to testify at the public hearing.
However, the State withdrew his statement after this Order had been issued.
32
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, footnote
18, para. 140, and Case of the Massacres of El Mozote and nearby places, supra, para. 33.
33
The time frame for presentation of the annexes to the answering brief expired on October 3, 2011. The
State presented on October 20, 2011, for the first time, annexes I.2, II.3, II.4, III.5, III.6, III.7, III.8 and III.9.
Previously, on September 27, 2011, the State had remitted annex I.1 to its answering brief (consisting of certified
copies of the “first instance judgment in the proceedings identified as C-01069-1997-00001, headed by the third
judge of the Eighth Criminal, Drug-trafficking and Environmental Offenses Court of Guatemala”), as well as the
curricula vitae and contact information of the persons offered as expert witnesses in its answering brief.
34
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 146, and Case of the Massacres of El
Mozote and nearby places, supra, para. 35.
35
Cf. Case of Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C
No. 165, para. 26, and Case of the Massacres of El Mozote and nearby places, supra, para. 36.
15