admit the report prepared by the Public Prosecution Service, which will be assessed in the
context of the body of evidence, taking into account, as pertinent, the observations of the
representatives and the Commission, as well as the rules of sound judicial discretion.
45.
Additionally, on August 7, 2012, the representatives submitted certain information
concerning “declarations made by the Secretary for Peace [of Guatemala] […] that reveal a
position of the State […] tending to perpetuate the impunity in cases of gross violations of
human rights.” The representatives requested that this information be admitted under
Article 57 of the Court’s Rules of Procedure, as a fact subsequent to the opportune
procedural moments. The State objected to the admission of this information, arguing, inter
alia, that it was time-barred and unrelated to this case. The Commission also presented
observations on this information, but did not contest its admissibility. The Court observes
that the information presented by the representatives refers to the arguments of the State
during the public hearing held in the case of the Río Negro Massacres, as well as to
declarations to the press by the State’s Agent regarding Guatemala’s compliance with the
measures of reparation ordered by this Court. The Court considers that the information
provided by the representatives on August 7, 2012, is not directly related to this case;
hence, it considers that its admission is not appropriate and, consequently, it will not be
considered by the Court in its decision.
46.
As annexes to their pleadings and motions brief, the representatives provided
documents corresponding to the statements of presumed victims and reports on the
psychosocial impact on the next of kin of presumed victims in the case, prepared by Carlos
Beristain. The Court ratifies the decision of the President in his Order that these statements
will only be considered documentary evidence and, therefore, will be assessed in the
context of the body of evidence and in keeping with the rules of sound judicial discretion.
The Court also observes that, when submitting this case, the Commission provided, as
annexes, statements made during the proceedings before it. In this regard, the Court
reiterates that the pertinence of a statement offered by the parties or the Commission in a
case and the definition of its purpose must be established by the Court or its President.
Consequently, it notes that the statements presented by the Commission constitute
documentary evidence, because they were not requested and their purpose was not
determined by the Court or its President.42 Nevertheless, the Court will take into account
that these statements were made during adversarial proceedings before the said organ and,
in that sense, will be assessed at the appropriate opportunity, within the context of the
existing body of evidence and according to the rules of sound judicial discretion.
47.
In addition, the Court adds the following documents to the body of evidence, in
accordance with Article 58(a) of the and because it consider that they are useful for
deciding this case: (a) a copy of the Agreement on the bases for incorporating the
Guatemalan National Revolutionary Union to Legal Status, 43 and (b) a copy of the
Agreement on a Firm and Lasting Peace.44
42
Likewise, see Case of Abrill Alosilla et al. v. Peru. Order of the acting President of the Inter-American
Court of Human Rights of September 8, 2010, twenty-fourth considering paragraph, and Case of Furlan and family
members v. Argentina. Order of the President of the Inter-American Court of Human Rights of January 24, 2012,
eighth considering paragraph.
43
Cf. Acuerdo sobre bases para la incorporación de la Unidad Revolucionaria Nacional Guatemalteco a la
Legalidad. [Agreement on the basis for the legal integration of the Guatemalan National Revolutionary Unity].
Madrid, Spain, December 12, 1996. Available at:
http://www.sepaz.gob.gt/index.php/acuerdos/separador2/
acuerdo-bases-incoporacion-unidad-revolucionaria-nacional-guatemalteca.
44
Cf. Acuerdo de Paz Firme and Duradera [Agreement on Firm and Lasting Peace]. Guatemala, December
29, 1996. Available at: http://www.sepaz.gob.gt/index.php/acuerdos/separador2/acuerdo-paz-firme-duradera.
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