34.
Likewise, during the course of the public hearing, expert witness Coronado
Franco and expert witness Gutiérrez Hernández submitted their opinions in
writing. 35 In addition, expert witness Gutiérrez Hernández presented attachments
to her expert report. For their part, expert witnesses Tramsen and Gutiérrez
Hernández submitted PowerPoint presentations supporting the statements made
during the hearing. 36 These documents were distributed to the parties. The Court
admits such documents insofar as they refer to the purpose duly defined, because
they are complementary and are within the parameters of time and form of the
object for which they were requested.
35.
In addition, both the State and the representatives submitted documents
with their final written arguments. Some of these responded to questions asked by
the Court as evidence to facilitate adjudication of the case (supra para. 10), and
are therefore included in the body of evidence, together with the observations
made by the parties thereto. For their part, the representatives submitted, among
other documents, vouchers of expenses incurred after filing their brief of pleadings
and motions. Such evidence was subjected to the State’s observations and its
admissibility was not rejected; therefore, it is included in the file.
36.
The representatives indicated that one of the attachments presented by the
State with its final written arguments, an “identification card” of the doctors
Christian Tramsen and Morris Tidball Binz, was submitted “extemporaneously.” In
this respect, the Court admits such evidence considering that it is useful and will
assess it together with the rest of the body of evidence, particularly when
examining the State’s various arguments in relation to Mr. Tramsen’s expert
opinion.
3.
Assessment of statements by the alleged victims, and of the
testimonial and expert evidence
37.
As to the statements of the alleged victims, witnesses and expert opinions
rendered at the public hearing and by means of affidavits, the Court considers
these relevant to the extent they relate to the object defined by the President of
the Court in the Order requiring them (supra para. 8), together with other items of
the body of evidence, taking into account the observations made by the parties. 37
38.
With respect to the statements of the alleged victims, the State noted in
general terms, that the witnesses Cabrera García, Olivar López and Cortés Salgado
rendered “numerous and considerable contradictory statements, and even
additional statements, not only about the alleged acts of torture against the
petitioners but also in relation to the facts mentioned by the representatives.” As
regards the witness Montiel Flores, the State also alleged that there seemed to be
numerous contradictions in his statement. Therefore, in examining the merits of
the case, the Court shall consider whether the statements made by these witnesses
are based on evidence.
39.
According to this Court’s case law, given that the alleged victims have a
direct interest in the case, their statements cannot be assessed separately but
35
Cf. Record of receipt of documents of August 27, 2010 for the public hearing held in this case
(Merits file, volume IV; pages 1667 and 1668).
36
Cf. Record of receipt of documents of August 27, 2010, supra note 35, pages 1667 and 1668.
37
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C. Nº 33,
para. 43; Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 50; Case of Ibsen Cárdenas and
Ibsen Peña v. Bolivia, supra note 30, para. 47.
17