21
international proceedings.53 Nevertheless, the Court considers that the fact that the
questions of the other party are not answered does not affect a statement’s admissibility;
rather, it is a factor that, owing to the implications of a deponent’s silences, could have an
impact on the weight give to the evidence provided by a statement or an expert opinion; an
aspect that must be assessed when examining the merits of the case. 54
57.
Meanwhile, with regard to the statement of Leonel Enrique Veliz Franco, the State
considered that “the witness has no proof of any of the steps taken by his mother; rather,
he knows about them because of what she has told him”; it raised questions as to the
“steps [for which] he accompanied his mother,” and about some of the statements relating
to the investigation and the facts of the case, and the contradiction of the answers to the
State’s questions. It added, in relation to the statement by José Roberto Franco, that “the
State makes the same observations as those made with regard to his brother, Leonel
Enrique Veliz Franco, with regard to the general aspects,” and pointed out some
contradictions between the latter’s statement and that of his mother, and between his own
statement and his answers to the questions posed by the State. It asserted that “as their
name indicates, testimonial statements are a probative means in which individuals who
have witnessed an act testify about it because they have first-hand knowledge of the said
act.” It affirmed that, in this case, “the preparation of the witnesses is evident and also,
instead of only referring to the facts that they know first-hand, they give personal opinions
that favor the party that has proposed them without these opinions having any basis.” In
this regard, the Court understands that both these individuals gave their statement in their
capacity as presumed victims and this Court’s case law has established that the statements
of the presumed victims cannot be assessed in isolation, but rather within the body of
evidence of the proceedings, because they are useful to the extent that they can provide
further information on the alleged violations and their consequences. 55 The other
observations of the State refer to the content of the statements, which does not cause
problems as regards their admissibility, and will be considered when assessing each
statement together with the body of evidence and in keeping with the rules of sound judicial
discretion.
58.
Regarding the affidavit prepared by witness Luisa María de León, the State repeated
some of the observations it had made on the final list of deponents for the public hearing,
because she was offered as a witness and not as an expert witness. On this matter, the
Court refers to the Order of the President of the Court of April 10, 2013. It also refers to its
previous considerations in this Judgment concerning the failure of this witness to answer
certain questions posed by the State (supra para. 56). In relation to her statement, the
State questioned the legal analysis she had made. The Court considers that the State’s
observations refer to the content of the statement; thus they do not affect its admissibility
and, in any case, the observations will be taken into account when assessing the statement
together with the body of evidence and in keeping with the rules of sound judicial discretion.
59.
As regards the expert opinions presented by affidavit, the State affirmed, in general,
that “most of the expert witnesses did not provide their expert opinion pursuant to the oath
established in Article 51(4) of the Court’s Rules of Procedure,” and also that “nor did the
statements adhere to the purpose assigned to them by the Court in the corresponding
Order, but rather they were in keeping with the purpose for which their expert opinions
were offered.” It considered that what interested the expert witnesses was “to express their
opinions and disclose the information that interested them, either personally or
professionally, or worse still, without any objectivity, but rather to favor those who had
53
Case of Cantoral Benavides v. Peru. Preliminary objections. Judgment of September 3, 1998. Series C No.
40, para. 30, and Case of Díaz Peña v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment
of June 26, 2012. Series C No. 224, para. 33
54
Case of Díaz Peña, supra, para. 33, and Case of Artavia Murillo et al. (“In vitro fertilization”) v. Costa Rica,
Preliminary objections, merits, reparations and costs. Judgment of November 28, 2012. Series C No. 257, para. 56.
55
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of Liakat Ali Alibux, supra, para. 31.