f) Documents issued
arguments briefs
after
the
presentation
of
the
motions
and
60.
According to Articles 35(1), 36(1), 40(2) and 41(1) of the Court’s Rules of Procedure,
evidence must be presented or offered together with the briefs submitting the case, or with
motions, arguments and evidence, or the answering brief, as applicable. It will not be
admissible outside these procedural opportunities, save in the exceptional cases established in
Article 57(2). In other words, if satisfactory justification is provided that, owing to force majeure
or serious impediment, such evidence was not presented or offered on those procedural
occasions, or if it refers to an event that occurred after the procedural occasions indicated.54
61.
On November 19, 2012, CEJIL asked that, based on the provisions of Article 57(2) of the
Court’s Rules of Procedure, the book “Seminario internacional: terrorismo y estándares en
derechos humanos”55 “accompany the documentary evidence that has already been provided,
taking into account its importance and usefulness for the discussion and analysis of [this] case,”
and explained that “although the procedural time frames for providing evidence ha[d] already
expired, it had been materially impossible to provide the book [with its motions and arguments
brief], owing to the publication date,” because “the seminar was held in November 2011, and it
was not until June 2012 that the first edition was published.” CEJIL indicated the electronic link
at which the book was available. The State asked that this evidence be rejected because “in this
particular case, the basic requirements of Article 57(2) of the Rules of Procedure had not been
met for the Court to authorize, exceptionally, the belated incorporation of additional evidence to
the proceedings.” The Court notes that the book on the said seminar was published after CEJIL
had presented its motions and arguments brief, so that this documentary evidence meets the
formal requirements for admissibility under Article 57(2) of the Rules of Procedure, and will
incorporate it into the body of evidence in order to assess it according to the rules of sound
judicial discretion.
62.
CEJIL and the FIDH asked, in their brief with observations on the helpful evidence
presented by the State and in a communication of September 6, 2013 (supra para. 19), that
the Court incorporate two documents: the Report of the Special Rapporteur on the promotion
and protection of human rights and fundamental freedoms while countering terrorism on his
visit to Chile issued on July 30, 2013, and the Concluding observations on the combined
nineteenth to twenty-first periodic reports of Chile, adopted by the Committee on the Elimination
of Racial Discrimination, at its eighty-third session (12 to 30 August 2013).56 The common
interveners cited Article 57(2) of the Rules of Procedure and founded their offer on “the recent
publication of [the documents], their public dissemination, and their evident usefulness and
relevance for the analysis of the events that have been debated in the proceedings.”
63.
The State opposed the offer of this evidence on the basis that it referred to “preliminary
documents that should follow the usual procedure before becoming a final document.” It also
affirmed that, since they were preliminary documents, “they only contain impressions that,
following their normal course, must subsequently be crosschecked with data and comments of
the State and other actors during the procedure of preparing the final [document].” The
Commission presented time-barred arguments in this regard. CEJIL presented observations on
54
Cf. Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Merits, reparations and costs. Judgment of November
20, 2012. Series C No. 253, para. 40, and Case of Liakat Ali Alibux v. Suriname, para. 28.
55
This book was the result of the “collection and dissemination of eleven conference papers by national and
international academics and experts, State authorities, and members of civil society” who took part in a seminar on
terrorism and human rights standards organized by “the National Institute of Human Rights of Chile and the Regional
Office of the United Nations High Commissioner for Human Rights, and held on November 15, 2011.”
56
UN Doc. CERD/C/CHL/CO/19-21, Committee on the Elimination of Racial Discrimination, Concluding observations on
the combined nineteenth to twenty-first periodic reports of Chile, adopted by the Committee at its eighty-third session (1230 August 2013), para.5.
20