V
EVIDENCE
A.
Admission of the documentary evidence
42.
The Court received diverse documents presented as evidence by the Commission
and the State attached to their principal briefs. As in other cases, the Court admits the
probative value of those documents presented by the parties and the Commission
opportunely (Article 57 of the Rules of Procedure),47 the admissibility of which was not
contested or challenged and whose authenticity was not questioned.
43.
The State presented two types of documents with its final written arguments:
(a) annexes 1, 2 and 3 related to the alleged victim’s health,48 and (b) annex 4 with
minutes of a meeting of the Superior Council of the Judicature.49 The representatives
indicated that the annexes were time-barred and irrelevant for deciding the case;
therefore, they asked the Court to reject them.
44.
The Court reiterates that evidence forwarded outside the appropriate procedural
opportunities is inadmissible, unless the exceptions established in Article 57(2) of the
Rules of Procedure apply, namely: force majeure, grave impediment or in the case of a
fact that occurs after the said procedural moments. Given that annexes 1 and 2 refer
to facts that occurred after the corresponding procedural stage and that they respond
to questions raised during the public hearing, they are admitted pursuant to the
exceptions established in Article 57(2) of the Rules of Procedure. In the case of annex
3, which refers to facts or situations before the presentation of the answering brief and
considering that the State did not allege any of the exceptions established in Article
57(2) of the Rules of Procedure, those documents are not admitted because they are
time-barred. Lastly, the Court admits annex 4 provided by the State, because it was
forwarded in response to a request made by the President based on Article 58(a) of the
Rules of Procedure, as he considered the information useful for deciding this case.
B.
Admission of the statement and the expert evidence
45.
The Court deems it pertinent to admit the statement made by Scot Cochran by
videoconference during the public hearing and the opinion provided by expert witness
Sandra Babcock in an affidavit, insofar as they are in keeping with the purpose defined
by the President in the order requiring them,50 and the purpose of this case.
In general and pursuant to Article 57(2) of the Rules of Procedure, documentary evidence may be
presented together with the briefs submitting the case or with pleadings and motions, or with the answering
brief, as applicable. Evidence forwarded outside these procedural occasions is not admissible, subject to the
exceptions established in the said Article 57(2) of the Rules of Procedure (force majeure or grave impediment)
or in the case of a supervening fact – that is, one that occurred after the said procedural moments.
47
48
Annex 1 contains a medical epicrisis dated October 26, 2022, describing Scot Cochran’s health; Annex
2 dated October 25, 2022, contains a description of the diet provided to Scot Cochran in the prison, and
Annex 3 contains a forensic psychological report of October 26, 2016, with a statement by Scot Cochran.
Annex 4 contains Minutes No. 019–2002 of the Superior Council of the Judicature of a meeting during
which the Consular Convention between the United States of America and Costa Rica, and the Vienna
Convention on Consular Relations were analyzed.
49
50
Case of Scot Cochran v. Costa Rica. Order of the Inter-American Court of Human Rights of October 5,
2022. Available at: https://www.corteidh.or.cr/docs/asuntos/scot_cochran_05_10_22.pdf
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