preliminary objection, since the Court will need to consider the merits of the case
and determine whether or not this conventional right was violated.
20.
Bearing in mind the foregoing, the Court notes that the basic premise of the
preliminary objection filed by the State is that no human rights violation was
committed in this case, which is precisely what will be discussed in the merits
stage. When assessing the merits of the petition the Court shall decide whether, as
alleged by the State, the domestic proceedings responded to all the actions claimed
by the Commission and the representatives before this Court, and whether the
State fulfilled its international obligations in doing so.
21.
Furthermore, the above conclusion is not altered by the fact that the State
alleges that the national courts have exercised an ex officio “conventionality
control” between domestic rules and the American Convention. Indeed, the merits
stage shall determine whether the presumed conventionality control allegedly
exercised by the State involved observance of the State’s international obligations
in accordance with this Court’s case law and with the applicable international law.
22.
Accordingly, the Court dismisses the preliminary objection filed by the State
of Mexico.
IV
JURISDICTION
23.
The Inter-American Court has jurisdiction to hear this case under the terms
of Article 62(3) of the Convention, given that Mexico has been a State Party to the
American Convention since March 24, 1981 and accepted the Court’s binding
jurisdiction on December 16, 1998. Mexico also ratified the Inter-American
Convention to Prevent and Punish Torture (hereinafter “Convention against
Torture”) on November 2, 1987.
V
EVIDENCE
24.
Based on the provisions of Articles 46 and 47 of the Rules of Procedure, and
on its case law regarding evidence and the assessment thereof, 30 the Court will
now examine and assess the documentary evidence submitted by the parties at the
different procedural stages, as well as the statements rendered by means of
affidavits and those received at the public hearing. In doing so, the Court will
adhere to the principles of sound judgment, within the applicable legal
framework. 31
1.
Testimonial and Expert Evidence
25.
The Court admitted the affidavits rendered by the following witnesses and
expert witnesses:
30
Cf. Case of the "White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 25, 2001. Series C No. 76, para. 50; Case of Rosendo Cantú et al. v. Mexico.
Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C N° 216;
para. 27; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations and Costs. Judgment of
September 1, 2010. Series C N° 217, para. 39.
31
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 30, para. 50;
Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 27; Case of Ibsen Cárdenas and Ibsen
Peña v. Bolivia, supra note 30, para. 39.
11