22
45.
As for sworn statements not effected before a public official whose acts
command full faith and credit by witnesses Yaqueline Reyes, Luisa Fernanda
Gutiérrez-Reyes, Leydi Caterin Gutiérrez-Peña, Leonardo Gutiérrez-Rubiano, Sulma
Tatiana Gutiérrez-Rubiano, Ricardo Alberto Gutiérrez-Rubiano and Carlos Andrés
Gutiérrez-Rubiano, as well as by expert witness Iván González Amado, all of whom
were proposed by the representatives (supra paras. 22 and 24), the Court admits
them inasmuch as they are in accordance with the object set forth by the Order
issued by the President on February 1, 2005 and assesses them as a whole with the
the rest of the body of evidence, applying thereto the standards of reasonable credit
and weight analysis, and taking into account the points made by the State. The
Court on other occasions has admitted sworn statements not effected before a
public official with authority to confer full faith and credit to the acts passed before
him provided that legal certainty and the procedural equality between the parties
are not impaired.8 As this Court has established, the statements of the alleged
victims and their next of kin may provide useful information about the alleged
violations and their consequences.9 In addition, the Court recognizes that, for
reasons beyond their control, the representatives were not able to submit the
statements of María Elena Soler de Gutiérrez and Paula Camila Gutiérrez-Reyes
(supra para. 22).
46.
The Court considers helpful for the adjudication of the instant case the
documents submitted by the parties in their final written pleadings, inasmuch as
they were not specifically disputed or challenged, nor was their authenticity or
truthfulness questioned, thus preserving the right to an adversary procedure.
Therefore, they are incorporated into the body of evidence pursuant to Article 45(1)
of the Rules of Procedure.10
Testimonial and Expert Evidence Assessment
47.
As regards the statements made by the witnesses and the expert witnesses
proposed by the Inter-American Commission and by the representatives in the
instant case (supra para. 42), the Court admits them inasmuch as they be in
accordance with the purpose of the interrogatory established by the Court in its
Order of March 10, 2005, and recognizes their evidentiary value, taking into account
the observations filed by the State. In that regard, the Court will take into
consideration such statements as a whole with the rest of the evidence produced by
the parties. This Court considers that the statements by Wilson and Ricardo
Gutiérrez-Soler cannot be assessed separately, for they are an alleged victim and
his brother, both with an interest in the outcome of the instant case, but they must
be assessed as a whole with the rest of the evidence within the body of the
evidence in the case.
8
Cf. Case of YATAMA, supra note 3, para. 116; Case of the Serrano Cruz Sisters, supra note 7,
para. 39; and Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No.
112, para. 84.
9
Cf. Case of YATAMA, supra note 3, para. 116; Case of the Indigenous Community Yakye Axa,
supra note 7, para. 43; and Case of the Moiwana Community. Judgment of June 15, 2005. Series C No.
124, para. 84.
10
Cf. Case of YATAMA, supra note 3, para. 118; Case of Fermín Ramírez, supra note 3, para. 52;
and Case of Lori Berenson Mejía, supra note 7, para. 81.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières