by this Court and by the other parties. 73 In this case, neither the other parties nor the
Commission opposed, or submitted observations on, the content and authenticity of such
documents.
58.
Regarding the procedural opportunity for the presentation of documentary evidence,
according to Article 57(2) of the Rules of Procedure, generally this should be presented
together with the briefs submitting the case, with pleadings and motions, or answering the
submission, as appropriate. The Court recalls that evidence provided outside the appropriate
procedural opportunities is not admissible, unless one of the exceptions established in the said
Article 57(2) of the Rules of Procedure is alleged; namely force majeure or serious
impediment or if it refers to an event that occurred after the procedural occasions indicated.
59.
The representatives provided certain documentation together with their observations
on the preliminary objections indicating that it was “new evidence arising in recent months to
show, once again, the violation of judicial guarantees by the State,” based on the “last part of
Article 57 of the Court’s Rules of Procedure.” In this regard, the Court notes that not all the
documents conform to the description alleged by the representatives, or are even related to
the facts and purpose of this case. 74 Therefore, pursuant to Article 57(2) of the Rules of
Procedure, the Court only admits the information and documentation that is subsequent to
the presentation of the pleadings and motions brief and that is relevant for deciding this
case. 75 This information and documentation will be assessed in the context of the body of
evidence and according to the rules of sound judicial discretion.
60.
The State and the representatives presented certain documentation together with their
final written arguments in response to requests for information and helpful evidence made by
the Court and its President (supra paras. 8, 9 and 10). No objections were raised to the
admissibility of this documentation, and its authenticity and truth were not challenged.
Consequently, pursuant to Article 58(b) of the Rules of Procedure, the Court finds it in order
to admit the documents provided by the representatives and Argentina that were requested
by this Court or its President as helpful evidence. This information and documentation will be
assessed in the context of the body of evidence and according to the rules of sound judicial
discretion.
61.
Notwithstanding the above, the Court observes that, with their final written
arguments, both the State and the representatives presented additional documents to those
73
Cf. Case of Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C No.
165, para. 26, and Case of the Santo Domingo Massacre v. Colombia, supra, para. 44.
74
In particular, the Court does not admit the following documents, because they are not relevant to this case
(because they are not related to the alleged facts or violations), or because they are not subsequent to the pleadings
and motions brief: (Annex A) “Newspaper article from Clarín dated December 1997, where the court proposes to
dismiss cases that are not significant”; (Annex B) “Newspaper article, where the ‘Kirchnerismo’, the governing party,
represented by Dr. Salgado, proposes greater control over judges”; (Annex F) “Document with illustration presented
in a 1999 criminal trial where the judge violated art. 207 of the CPCC”; (Annex H) “Denunciation of judges of the
Mercedes courts for malfeasance on August 17, 2012, before the court attorney,” and (annex I) “Magazine of the
Clarín newspaper of August 26, 2012, with a note on the front page relating to the illegal detention of an individual for
seven years.”
75
In particular, the Court admits the following documents: (Annex C) “Ruling of the Criminal Chamber rejecting
appeal on unconstitutionality and for review. 2009”; (Annex D) “Ruling of the Provincial Court, not annexed by the
State, rejecting appeal on unconstitutionality and for review. 2012”; (Annex E) “1996 Decision of the Criminal
Chamber granting the appeal on unconstitutionality to [the presumed victims]”; (annex G) “Civil case file from fs. 705
to 777 and at September 13, 2012, respectively, not annexed by the State”; (H) “Denunciation of judges of the
Mercedes courts for malfeasance before the court attorney on August 17, 2012,” and (J) “Original invoices of
expenditure arising from sending the petition by DHL, $911 and invoice for 516 photocopies amounting to 206.40
pesos.”
23