28
Human Rights Council of the Ministry of Justice on September 6, 2004, which the
State presented to this Court on September 17, 2004 (supra paras. 35 and 54),
because this evidence relates to supervening events, and was not contested or
opposed, and its authenticity was not questioned.
68.
In accordance with Article 44(3) of its Rules of Procedure, the Court admits
the decision on the motion for extinguishment of the criminal proceeding, file No.
531-03, issued by the Fourth Criminal Court Specializing in Crimes of Terrorism on
August 16, 2004; the appeal against the decision on the motion for extinguishment
of the criminal proceeding, filed by the alleged victim’s defense lawyer on September
15, 2004; and the decision on the motion for extinguishment of the criminal
proceeding, file No. 531-03, issued by the Fourth Criminal Court Specializing in
Crimes of Terrorism on September 16, 2004; documents forwarded to this Court by
the alleged victim’s representatives on September 20, 2004 (supra paras. 36 and
55), because this evidence relates to supervening events, and was not contested or
opposed, and its authenticity was not questioned.
69.
The Court incorporates into the body of evidence, the file of the trial in the
military jurisdiction against María Teresa De La Cruz Flores, forwarded by the State
as helpful evidence (supra paras. 37 and 56), under the provisions of Article 45(2) of
its Rules of Procedure.
70.
In the case of the newspaper articles, this Court has considered that, even
though they do not correspond to documentary evidence stricto sensu, they can be
assessed to the extent that they refer to well-known public facts, or statements by
State officials, or corroborate elements established in other documents or
testimonies received during the proceeding.27
Assessment of the Testimonial and Expert Evidence
71.
The Court admits and accords probative value to the testimonial statement
made by Álvaro Eduardo Vidal Rivadeneyra and the expert reports submitted by
Carlos Martín Rivera Paz and Manuel Pérez González during the public hearing held at
the seat of the Court on July 2, 2004 (supra para. 28), insofar as they correspond to
the purpose established in the order of the President of May 19, 2004 (supra para.
23) and assesses their content in the context of the body of evidence, according to
the rules of sound criticism.
72.
In light of the above, the Court will assess the probative value of the
documents, statements and expert reports presented in writing or made before it.
The evidence presented during all the stage of the proceeding has been incorporated
into a single body of evidence, which is considered as a whole.28
27
Cf. Case of the “Juvenile Reeducation Institute”, supra note 1, para. 81; Case of Ricardo Canese,
supra note 1, para. 65; and Case of the Gómez Paquiyauri brothers. Judgment of July 8, 2004. Series C
No. 110, para. 51.
28
Cf. Case of Tibi, supra note 1, para. 89; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 100; and Case of Ricardo Canese, supra note 1, para. 68.