28
63.
As regards the documents submitted as evidence, clarification and explanations
given to facilitate the adjudication of the case (supra paras. 33 and 36), the Court
incorporates them to the body of evidence of this case, under section 45(2) of the Rules of
Procedure.
64.
The State challenged, generally, the affidavits of the witnesses offered by the
Commission and the representatives for being pointless, as the State “has not contested the
information related to the efforts made by the next of kin of the alleged victims in the
search for justice.” In this regard, the Court deems that said depositions can contribute to
determine the facts of the instant case as long as they are consistent with the purpose
defined in the Resolution of the President dated August 17, 2006 (supra para. 23), and
consequently the Court assess them applying the rules of reasonable credit and weight
analysis and taking into account the remarks made by the State. Furthermore, the Court
points out that since said witnesses are alleged victims or their next of kin, their statements
cannot be assessed separately for they have a direct interest in the outcome of the case,
and therefore, must be assessed as a whole with the rest of the body of evidence.
65.
As to the press documents submitted by the parties, the Court considers that they
may be assessed insofar as they refer to public and notorious facts or statements given by
8
State officials or when they confirm aspects related to the case in point.
66.
Regarding the documents and information requested to the parties (supra paras. 33
and 36) and which they have not submitted, the Court points out that the parties must
lodge with the Court the evidence the latter may request them. In particular, the State did
not inform, save regarding to only one person, who were the persons indicted or convicted
in the criminal cases tried by military courts, who have been, or currently are, imprisoned
and, if such was the case, whether they have been under pre-trial custody or as convicted
in said proceedings. This prevented the Court from determining if such sentences had been
effectively complied with. The Commission, the representatives and the State must submit
any evidence requested, so that the Court may have the greater number of elements of
judgment to have a thorough knowledge of the facts and ground its decisions.
*
*
*
67.
The Inter-American Commission included in the application a list with the 10 alleged
victims of the events of the instant case, to wit: Hugo Muñoz-Sánchez, Dora Oyague-Fierro,
Marcelino Rosales-Cárdenas, Bertila Lozano-Torres, Luis Enrique Ortiz-Perea, Armando
Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza, Heráclides Pablo-Meza, Juan
Gabriel Mariños-Figueroa and Felipe Flores-Chipana, as well as 55 next of kin of said
persons.9 The Court notes that no proof of the kinship ties of 46 of said alleged next of kin
Cf. Case of Servellón-García et al., supra note 1, para. 50; Case of Ximenes-Lopes, supra note 6, para. 55;
and Case of the Ituango Massacres, supra note 8, para. 122.
8
Antonia Pérez-Velásquez, Liliana Margarita Muñoz-Pérez, Hugo Alcibíades Muñoz-Pérez, Mayte Yu yin
Muñoz-Atanasio, Hugo Fedor Muñoz-Atanacio, Vladimir Ilich Muñoz-Sarria; Rosario Muñoz-Sánchez, Fedor MuñozSánchez, José Esteban Oyague-Velazco, Pilar Sara Fierro-Huamán, Rita Ondina Oyague-Sulca, Luz Beatriz
Taboada-Fierro, Gustavo Taboada-Fierro, Ronald Daniel Taboada-Fierro, Carmen Oyague-Velazco, Demesia
Cárdenas-Gutiérrez, Saturnina Julia Rosales-Cárdenas, Celestino Eugencio Rosales-Cárdenas, Juana Torres de
Lozano, Augusto Lozano-Lozano, Augusto Lozano-Torres, Miguel Lozano-Torres, Jimmy Anthony Lozano-Torres,
Marilú Lozano-Torres, Magna Rosa Perea de Ortiz, Víctor Andrés Ortiz-Torres, Andrea Gisela Ortiz-Perea, Edith
Luzmila Ortiz-Perea, Gaby Lorena Ortiz-Perea, Natalia Milagros Ortiz-Perea, Haydee Ortiz-Chunga, Alejandrina
Raida Cóndor-Saez, Hilario Jaime Amaro-Hancco, María Amaro-Cóndor, Carmen Rosa Amaro-Cóndor, Carlos
9
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