confessions in a judgment that has acquired the effect ofa final judgment and
is
later
found
to
or
fraud,
violence,
be
false;
when
there
has
been
prevarication,
bribery,
and facts subsequently proven to be false, such as a
person having been declared missing and found to be alive.’
39.
The Court notes that having filed an Application for Review containing a
request for Provisional Measures, the Applicant also attached supporting
documents to both requests. In this regard, the Court further notes that the
supporting
documents
adduced
by
the
Applicant
in
relation
to
his
Application for Review is an agreement for the design and construction of
stadia in Sekondi-Takoradi & Tamale for the CAN 2008 tournament signed
between
the
Respondent
State
and
Shanghai
Construction
Group
Company, marked exhibit “AAVW1”. The Applicant relies on this document
to support his assertion that he has discovered new “evidence” in form of
an agreement between
the Respondent State and another Company
in
relation to the construction of the stadia for the CAN 2008.
40.
The Court observes
“AAW2
— AAW12”;
therefore,
that the rest of exhibits
were adduced
adduced,
that is,
in support of the request for Provisional
Measures as they relate to on-going execution proceedings against the
Applicant in the national courts. These exhibits will not be considered herein
in the determination of the admissibility of the Application for Review as
they have no connection with the same.
41.
As
regards
Shanghai
the
agreement
Construction
between
Group
the
Company,
Respondent
the
Court
State
observes
and
the
that this
information had indeed not been brought to its attention at the time of the
initial Judgment.
between
Nevertheless,
the Shanghai
it is inconceivable that the said contract
Construction
Group
and the
Respondent
State
which was in the public domain since 2005 was not within the Applicant's
knowledge at the time of the delivery of the initial Judgment.
In addition,
the said agreement would also have been brought forth given the media
? Genie Lacayo v Nicaragua, (Application for judicial review of the judgment of merits, reparations and
costs), IACHR Series C no 45, § 12.
11