IV
EVIDENCE
10.
Based on the provisions of Articles 50, 57 and 58 of the Rules of Procedure, as well
as on its case law concerning evidence and its assessment, the Court will examine and
weigh the documentary evidence submitted by the parties at different procedural
opportunities, the statements of the presumed victim, the testimony of the witnesses, and
the opinions of the expert witnesses provided by affidavit and during the public hearing
before the Court. To this end, the Court will follow the rules of sound judicial discretion
within the corresponding legal framework.10
A. Documentary, testimonial and expert evidence
11.
The Court received diverse documents presented as evidence by the Inter-American
Commission, the representatives, and the State, as well as the testimony and expert
opinions provided by affidavit by the following persons: Olga Alicia Acevedo, Gustavo Fabián
Baridón, Rosa Fornerón, José Arturo Galiñanes and Carlos Alberto Arianna. Regarding the
evidence provided at the public hearing, the Court received the statement of the presumed
victim Leonardo Aníbal Javier Fornerón, and the opinions of the expert witnesses Emilio
Arturo García Méndez and Graciela Marisa Guilis.11
B. Admission of the evidence
12.
In this case, as in others, the Court admits those documents forwarded by the
parties at the appropriate procedural opportunity that were not contested or opposed, and
the authenticity of which was not questioned.12 The information and documents requested
as helpful evidence that were submitted by the State two and a half months after the
original deadline and more than a month after the extension granted had expired (supra
para. 7) are not admitted by the Court.
13.
In addition, regarding the statement of the presumed victim, the testimony and the
expert opinions provided during the public hearing and by affidavit, the Court considers
them pertinent only to the extent that they are in keeping with the purpose defined by the
President of the Court in the Order requiring them. They will be assessed in the
corresponding chapter, together with the other elements of the body of evidence, and
taking into account the observations formulated by the parties. Moreover, pursuant to this
Court’s case law, the statements provided by the presumed victims cannot be assessed
alone, but must be evaluated together with all the other evidence in the proceedings,
because they are useful insofar as they can provide more information on the alleged
violations and their consequences. 13 Based on the foregoing, the Court admits the said
statements and expert opinions and will assess them in accordance with the abovementioned criteria.
10
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76, and Case of González Medina and family v. Dominican Republic. Preliminary objections,
merits, reparations and costs. Judgment of February 27, 2012. Series C No. 240, para. 64.
11
The purpose of these statements can be consulted in the Order of September 13, 2011, convening the
public hearing, supra note 4.
12
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 1, para.
140, and Case of González Medina and family v. Dominican Republic, supra note 10, para. 66.
13
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43,
and Case of González Medina and family v. Dominican Republic, supra note 10, paras. 79 and 80.
6