33
78.
With regard to the documents requested by this Court based on Article 45 of
the Rules of Procedure and that were submitted by the parties (supra paras. 28 and
45), the Court includes them in the body of evidence of the instant case, applying
the provisions set forth in the first paragraph of those rules. Also applying said
article of the Rules of Procedure, the Court includes as evidence the documents
submitted by the Commission and by the State after filing of the application and the
reply to the application, respectively, and most of the appendixes submitted by the
representatives and the State together with the final pleadings, as it deems them
useful for the instant case.
79.
As regards the press documents submitted by the representatives, as well as
other articles and news reports published by the press, the Court deems that even
though they are not documentary evidence proper, they will be considered when
they reflect publicly known or notorious facts or statements of officials of the State,
or when they corroborate what has been established in other documents or
testimony received during the proceeding.11
80.
The State objected to the statements rendered before a notary public
(affidavits) by Sara Paola Pinzón López, Yur Mary Herrera Contreras, Zuli Herrera
Contraras, Nadia Mariana Valencia Sanmiguel, Carmen Johanna Jaramillo Giraldo,
Esther Pinzón López, and María Teresa Pinzón López, as well as the sworn statement
by Luis Guillermo Pérez (supra paras. 29 and 32), on the basis that “they [are no
longer in accordance with the object, as they] refer to facts pertaining to the rights
to life, to humane treatment, and to liberty, and the State has acknowledged its
responsibility regarding the violation of said rights.” Colombia also referred to certain
alleged inconsistencies in the testimony of María Teresa Pinzón López, Sara Paola
Pinzón López, Esther Pinzón López, Zuly Herrera Contreras, and Luis Guillermo
Pérez.
81.
With regard to the statements rendered as testimony before a notary public
(affidavits), the Court accepts them insofar as they are in accordance with the object
defined in the January 28, 2005 Order (supra para. 25), taking into account the
comments made by the State (supra para. 32) and its acknowledgment of
international responsibility (supra para. 34). Also, since the next of kin of the
alleged victims have a direct interest in the case, their statements cannot be
assessed in an isolated manner, but rather within the context of the body of
evidence, applying the rules of competent analysis.12
82.
The State objected to the sworn statement of witness Luis Guillermo Pérez
because it was only authenticated by a notary public, and it therefore deemed that it
“does not fulfill [the] important formality [of being rendered before a notary public
(affidavit) and also because the witness] has no direct knowledge of the facts
addressed in the proceeding and because he was a representative of the civil party in
the domestic proceedings.” In this regard, the Court has accepted, in previous
cases, sworn statements that were not rendered before a notary public, when this
11
See Case of Yatama, supra note 7, para. 119; Case of Fermín Ramírez, supra note 7,para. 51,
and Case of the Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, para. 43.
12
See Case of Yatama, supra note 7, para. 122; Case of Fermín Ramírez, supra note 7,para. 49,
and Case of the Indigenous Community Yakye. Judgment of June 17, 2005. Series C No. 125, para. 43.
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