18
are more legible and complete than those which they had, and requested the Court,
in case it deemed it pertinent, to require the State for better quality copies of those
records. On July 10 and 22, 2009 the Commission expressed to the Court that “it
does not have observations” regarding that evidence. The State considered that
“since the supervening evidence submitted by the applicant party is illegible, it
should not be assessed,” and on July 22, 2009 the State reiterated the latter.
60.
The Court considers that the aforementioned supervening evidence comply
with the formal requirements for admissibility stipulated in Article 46(3) of the Rules
of Procedure. However, it observes that numerous documents are incomplete or
illegible. With regard to the documents presented on June 30 and July 7, 2009 by the
representatives, except for the incomplete or illegible documents indicated in the
appendix to the Secretariat’s communication of July 3, 2009, the Court accepts them
as evidence to facilitate adjudication of the case, and will assess them applying the
rules of competent analysis and within the factual background of the study.
61.
The Court admits the documents provided by expert witnesses Carlos Manuel
Garrido and Claudia Paz y Paz Bailey, as well as the photographs submitted by the
representatives during the public hearing, to the extent they are related to the object
of the instant case, which it deems useful, and there were no objections with regards
to their authenticity or veracity.
62. With regard to the documents submitted by the representatives and the State
along with their written briefs on final arguments, as well as those documents that
respond to the requirements of the Court during the public hearing held in the instant
case, the Court advises that neither the representatives nor the Commission
submitted objections to the incorporation of such evidence; however, the State made
several observations on the documents submitted by the representatives along with
their final arguments, and objected to certain expense receipts presented by them,
considering, among other, that they do not correspond to the proceedings before the
Court. In this regard the Court takes into consideration the State’s objections, which
it will value upon determination of the costs and expenses in the instant case.
Consequently, the Court incorporates the evidence submitted along with the final
arguments as it considers it useful, in conformity with Article 47(2) of the Rules of
Procedure.
63.
In relation to the sworn declarations (affidavits) of the alleged victims Amílcar
Salazar Castillo (supra para. 56.a) and Francisco Arreaga Alonzo (supra para. 56.b),
regarding the latter the State requested that it be dismissed on the grounds that it
did not fulfill that “established by Article 145 of Decree 107, Civil Procedural Code of
Guatemala” in relation to how an interrogation should be directed, hence it did not
“meet the requirements of a testimony.” In this regard, the Court deems it
appropriate to call to mind that the procedures before it are not subject to the same
formalities as internal judicial proceedings.33 In this regard, on other occasions the
Court has admitted statements which do not meet internal regulations for their
issue,34 always safeguarding legal certainty and procedural equity between the
parties.35 The Court deems it pertinent to admit both statements strictly to the extent
33
Cf. Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of February
2, 2001. Series C No. 72, para. 71; Case of Perozo et al. v. Venezuela, supra note 31, para. 95, and Case
of Escher et al. v. Brazil. Preliminary Objections, Merits, Reparations, and Costa. Judgment of July 6, 2009.
Series C No. 200, para. 59.
34
Cf. Case of the Ituango Massacres v. Colombia, supra note 17, para. 114; Case of the Rochela
Massacre v. Colombia. Merits, Reparations, and Costs. Judgment of May 11, 2007. Series C No 153, para.
62, and Case of Escher et al., supra note 33, para. 74.
35
Cf. Case of the Mapiripán Massacre v. Colombia, supra note 19, para. 58; Case of the Rochela
Massacre v. Colombia, supra note 34, para. 62, and Case of Escher et al. v. Brazil, supra note 33, para.
74.