26
Procedure. The Court will take into consideration the observations of the State
within the body of evidence, in application of the rules of sound judgment.
63.
Brazil, in its final written arguments, offered the opinion of a person on the
expert report of expert witness Uprimny in addition to press materials, which
according to the State, contradicts the opinion of the expert witness. The
representatives argued that the person that issued said response, aside from not
being an expert witness summoned by the Court, rendered an opinion that was
not offered in a timely manner as evidence, in the State’s response, nor did it
argue force majeure, serious impediment, or supervening facts for the
presentation of said evidence. As a consequence, this entails evidence presented
inopportunely and that is time-barred. In relation with the accompanying press
material, they indicated that it is not directly related with the case and has not
been cited in this opinion.
64.
The Court observes that the presentation of said documents is not
enshrined in the rules of procedure, and it was neither justified by one of the
circumstances that, as exceptions, allow for the presentation of evidence that is
time-barred, nor requested by the Court. Based on the aforementioned, the Court
will not admit the documents that allegedly respond to the expert opinion of Mr.
Uprimny.
65.
The representatives submitted with their final written arguments proof of
expenses related to the present case and “a compliment to the expert opinion” of
Mr. Bicudo. In relation to this last document, the State considered its
presentation to be time-barred and inadmissible.
66.
The Court notes that the presentation of the “complimentary expert
opinion” is not enshrined in the rules of procedure, was not justified by any of the
circumstances that, as exceptions, allow for the presentation of time-barred
evidence, nor was it requested by the Court. Based on the aforementioned, the
Court will not admit the documents related to the mentioned complementary
expert opinion. On the other hand, in regard to the proof of expenses submitted
by the representatives, the Court will only consider those documents submitted
with the final written arguments that are related to the costs and expenses
incurred throughout the procedure before this Court, subsequent to the brief of
pleadings and motions.
C. Admission of declarations of the alleged victims, of the
testimonial and expert evidence
67.
In regard to the statements of the alleged victims and the witnesses and
expert opinions rendered at the public hearing and during the sworn statements,
the Court deems them relevant only in what regards the purpose defined by the
President of the Court in the Order requesting them,55 and together with the
other elements that form the body of evidence, taking into account the
observations formulated by the parties.56
55
Cf. Case of Gomes Lund et al. (“Guerrilha do Araguaia”). Summons to a Public Hearing, supra
note 6. See also Case of Gomes Lund et al. (“Guerrilha do Araguaia”). Reconsideration, supra note 47,
Considering clauses 4 to 11.
56
Cf. Case of Loayza Tamayo v. Perú. Merits. Judgment of September 17, 1997. Series C No.
33, para. 43; Case of Rosendo Cantú et al., supra 45, para. 50, and Case of Ibsen Cárdenas and
Ibsen Peña, supra note 24, para. 47.