13
38.
On November 29, 2001, the Inter-American Commission submitted a copy of
the Tuesday, November 13, 2001 edition of the newspaper Nuevo Diario which
mentions “the accolade that the Chamber of Deputies of the Province of Santiago del
Estero bestowed upon Mr. José María Cantos in recognition of the numerous
programs and works serving the province’s communities and of which Mr. Cantos has
been a benefactor.” On January 21, 2002, the State objected to the inclusion of that
document in the case file. Its argument was that it could not be used as evidence,
because it was not tendered within the time periods stipulated in Article 43(1) of the
Court’s Rules of Procedure and on the grounds that none of the circumstances
stipulated in Article 43(3) of those Rules, allowing evidence to be admitted at times
other than those stipulated in Article 43(1), is being alleged or obtains.
39.
The Court observes that the press clipping submitted to the Court concerns a
supervening event, news of which came out subsequent to the submission of the
application briefs and the brief answering the brief of preliminary objections. It is
therefore admitting it pursuant to Article 43 of the Rules of Procedure.15 On the
subject of newspaper clippings, this Court has considered that while they are not
documentary evidence per se, they may be taken into consideration when they
concern public or well-known facts or statements made by State officials, or when
they corroborate facts established in other documents or testimony received during
the proceeding.16 The Court therefore adds them to the body of evidence to be
used, insofar as they are relevant and in combination with the other forms of
evidence tendered, to verify the truth of the facts alleged in the case.
40.
In exercise of its authorities under Article 44 of the Court’s Rules of
Procedure, the Court is adding to the body of evidence, laws Nos. 21,839 and
24,432, which concern attorneys’ fees.
41.
In this case, as in others,17 the Court is accepting the evidentiary value of
those documents that the parties tendered at the appropriate time in these
proceedings or as evidence to better decide the case, which were neither contested
nor challenged and whose authenticity was not questioned.
42.
The Court is admitting the statements made by the alleged victim in the
instant case to the extent that they are consistent with the purpose of the line of
questioning proposed by the Commission. In this regard, the Court considers that
because the person in question is the alleged victim and has a direct interest in this
case, his statements cannot be considered in isolation, but as part of the whole body
of evidence in the case. For purposes of the merits and reparations, statements
made by the alleged victims are useful in that they can provide more information
about the consequences of any violations that may have been perpetrated.18
15
Cf. Cesti Hurtado Case. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of May 31, 2001. Series C No. 78, par. 29; Constitutional Court Case, supra note 8, par. 51;
and Bámaca Velásquez Case, supra note 8, par. 109.
16
Cf. Baena Ricardo et al. Case. Judgment of February 2, 2001. Series C No. 72, par. 78;
Constitutional Court Case, supra note 8, par. 52; and Bámaca Velásquez Case, supra note 18, par. 107.
17
Las Palmeras Case, Reparations, note 5, par. 28; El Caracazo Case, Reparations, supra note 5,
par. 57; and Hilaire, Constantine, and Benjamin et al. Case, supra note 5, par. 80.
18
Cf. El Caracazo Case, Reparations, supra note 5, par. 59; Trujillo Oroza Case, Reparations, supra
note 6, par. 52; and Bámaca Velásquez Case. Reparations (Art. 63(1) American Convention on Human
Rights). Judgment of February 22, 2002. Series C No. 91, par. 27.
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