25
the Rules of Procedure, so they may be assessed within the totality of the evidence and
pursuant with the rules of competent analysis.
86.
On the other hand, the Tribunal observes that several documents mentioned by the
Inter-American Commission and the representatives were not provided to the Court, but a
direct electronic link to a Web page was sent.55 In this sense, the Court observes that the
documents provided in this manner are useful and that the parties had the possibility to
locate them and object them. Therefore, these documents are accepted and included in the
case file, since neither the legal certainty nor procedural balance was affected.56
87.
Regarding the “new documentary evidence” forwarded by the representatives on
August 17, 2009 as an appendix to the brief of final arguments (supra para. 11), the State
requested that the Tribunal “[n]ot admit [it] because it was time-barred.” In this sense, the
Court points out that during the public hearing (supra para. 9) some judges requested
information to the State, the Inter-American Commission, and the representatives with
regard to different aspects related to the Mexican military jurisdiction. However, the
55
Documents mentioned by the Inter-American Commission: Report on the Human Rights Situation in
Mexico
(1998).
OEA/Ser.L/V/II.100
Doc.
7
rev.
1.
September
24,
1998,
available
at:
http://www.cidh.oas.org/countryrep/Mexico98sp/indice.htm (last visit: July 13, 2009); United Nations, Report from
the
Work
Group
on
Forced
Disappearance,
E/CN.4/1997/34
available
at:
http://daccessdds.un.org/doc/UNDOC/GEN/G96/144/02/IMG/G9614402.pdf?OpenElement (last visit: July 13,
2009); Special report on the complaints regarding forced disappearances occurred in the 70s and beginning of the
80s,
of
November
27,
2001,
available
at:
http://www.cndh.org.mx/lacndh/informes/espec/qjdesfor/expedientes/RURAL/fr_rural.htm (last visit: July 13,
2009); Law on Regulatory Protection of Articles 103 and 107 of the Political Constitution of the United States of
Mexico,
published
in
the
Federation’s
Official
Gazette
on
January
10,
1936,
available
at:
http://www.scjn.gob.mx/PortalSCJN/Transparencia/MarcoNormativo/SCJN/LeyAmparo/ (last visit: July 13, 2009);
Office of the United Nations High Commission for Human Rights in Mexico, 2003, The situation of human rights in
Mexico, 2003, Chapter 2.1.6.2, “The people that have not been located, are in isolation, or disappeared”, available
at: http://www.sre.gob.mx/derechoshumanos/docs/Diagnostico.pdf (last visit: July 13, 2009).
Documents quoted by the representatives: Special Prosecutors’ Office for Social and Political Movements of the
Past (FEMOSPP), Attorney General of the Republic, Historic Report of the Mexican Society - 2006, available at:
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB209/ (last visit: July 13, 2009); National Human Rights
Commission, Special Report on Complaints Regarding Forced Disappearances occurred in the 70s and beginning of
the 80s, November 2001, available at: http://www.cndh.org.mx/lacndh/informes/espec/desap70s/index.html (last
visit: July 13, 2009); The crime of forced disappearance of persons is of a permanent or continuous nature: SCJN,
(last
at:
http://www2.scjn.gob.mx/consultas/Comunicados/Comunicado.asp?Pagina=listado.asp&Numero=674
visit: July 13, 2009); Human Rights Watch, The inconclusive change, Mexico, 2006, available at
http://www.hrw.org/spanish/informes/2006/mexico0506/mexico0506spweb.pdf (last visit: July 13, 2009);
National Human Rights Commission, Recommendation 26/2001 of November 27, 2001, available at:
(last
visit:
July
13,
2009);
http://www.cndh.org.mx/recomen/2001/026.htm
http://www.jornada.unam.mx/2007/10/17/index.php?section=politica&article=016n1pol (last visit: July 13, 2009);
http://www.jornada.unam.mx/2007/03/05/?section=politica&article=010n1pol&partner=rss (last visit: July 13,
2009); http://www.pgr.gob.mx/que%20es%20pgr/organigrama/organigrama.asp?id=32 (last visit: July 13,
2009); Complaint filed by Tita Radilla for harassment of the Army against the Afadem in Atoyac, La Jornada
Guerrero,
May
26,
2008,
available
at:
http://www.lajornadaguerrero.com.mx/2008/05/26/index.php?section=politica&article=006n1pol (last visit: July
13, 2009); 22UN DOC. E/CN.4/2000/68. February 29, 2000, available at http://www.hri.ca (last visit: July 13,
2009); Statement on the Fundamental Principles of Justice for the Victims of the Crime and Abuse of Power,
adopted by the General Assembly of the United Nations Organization, in its order 40/34 of November 29, 1985,
available at http://www.unhchr.ch/spanish/html/menu3/b/h_comp49_sp.htm (last visit: July 13, 2009); National
Population
Council
(CONAPO),
Secretary
of
the
Interior,
available
at
http://www.ifai.org.mx/resoluciones/2007/3084.pdf
http://www.conapo.gob.mx/prensa/2008/bol2008_05.pdf;
(last visit: July 13, 2009).
56
Cf. Case of Escué Zapata v. Colombia. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C
No. 165, para. 26; Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of January 28, 2009, Series C No. 195, para. 108, and Case of Reverón Trujillo v. Venezuela. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of June 30, 2009. Series C No. 197, para. 46.