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

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