rather in the context of the entire body of evidence in this proceeding, 38 since
these are useful insofar as they provide more information on the alleged violations
and their consequences. The Court notes that the State’s objections are intended to
discredit the evidentiary value of the statements made by the alleged victims in
these proceedings. Basically, it considers that such statements would show
differences with the previous statements made under domestic law or rather, that
two alleged victims did not witness certain facts to which they testify, or refer to
facts that do not form part of the subject-matter of the case. The Court considers
that such objections do not challenge the admissibility of such evidence but seek to
question its evidentiary value. Based on the foregoing, the Court admits these
statements, without prejudice to the fact that their evidentiary value may be
considered solely with regard to matters pertaining to the specific object defined by
the President of the Court (supra paras. 25 and 26). Therefore, the Court shall
consider the body of evidence, the State’s observations and the rules of sound
judgment.
40.
As to the statement by witness Patrón Sánchez, the State pointed out that
“the initial part of [his] statement” was “absolutely biased” since the witness made
reference to “facts and circumstances that he himself admitted not knowing about.”
Thus, the State asked the Court “to reject the entire statement.” Also, in relation to
other comments made by the witness, the State, in general terms “merely
submitted the case files to corroborate the falsehood of the witness’ statement;”
the State further alleged that “these irregularities should have been pointed out in
the brief of pleadings, motions and evidence, not as mere observations without any
support or basis,” aside from the fact that “there are remedies in the judicial
system to challenge the irregularities mentioned by the witness.” Accordingly, in
examining the merits of the case, the Court will decide whether the statements
made by this witness are based on evidence. At the same time, the Court recalls
that an evaluation regarding biased or unbiased statements is not made in relation
to the witnesses, in respect of whom it is appropriate to assess the evidentiary
weight of their statements; this shall be done at the merits stage when assessing
the statement together with the rest body of evidence.
41.
As to the statement by the witness Valdovinos Ríos, the State pointed out
that she “refers to facts that are unrelated to this case, specifically, to experiences
that Mr. Felipe Arreaga allegedly had on dates before and after the detention” of
Messrs. Cabrera and Montiel. For this reason, the State asked the Court to reject
statements not related to the case. The State also pointed out that this witness
“made several comments about various activities carried out by Mr. Felipe Arreaga
and Messrs. Rodolfo Montiel and Teodoro Cabrera which she is not certain about of
which she did not have any direct knowledge.” Furthermore, the State pointed out
that Mrs. Valdovinos acknowledged that “her knowledge about the circumstances of
the arrest” of Messrs. Cabrera and Montiel “had been obtained by merely
referential sources.” The State concluded that the statement of this witness “is
considered extremely general and completely unfounded.” Therefore, the State
asked the Court to “reject the statement by Mrs. Valdovinos regarding the current
legal status” of Messrs. Cabrera and Montiel. Accordingly, in examining the merits
of the case, the Court will decide whether the statements made by this witness are
based on evidence.
42.
With regard to the statement of the witness Magallón Larson, the State
pointed out that “he made certain statements, not well documented, about
deforestation levels in Mexico and, particularly, about the situation in the
community of Petatlán.” As to the “alleged complicity by government authorities in
38
Case of Loayza Tamayo v. Peru, supra note 37, para. 43; Case of Rosendo Cantú et al. v.
Mexico, supra note 30, para. 52; and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30,
para. 47.
18