9
A)
DOCUMENTARY, TESTIMONIAL AND EXPERT EVIDENCE
30.
At the request of the President, the written statements of the following witnesses
proposed by the representatives were admitted:
a)
Adrián Sapeti, witness. As Mr. Kimel’s psychiatrist, he gave testimony on the
consequences of the judicial proceeding brought against the victim on his emotional
and physical condition.
b)
Juan Pablo Olmedo-Bustos, expert witness. He gave testimony on the
incorporation to the Argentine legal system of international standards on the right to
freedom of thought and expression and their enforcement by Argentine courts, and
declared that such right is mainly restricted by the criminal definition of libel and
slander, as “after the annulment of the crime of contempt, most cases regarding the
restriction on the right to criticize the actions of public officials and to inform the
public about issues of public interest have been started on the grounds of the
violation of the right to have one’s honor respected.” Furthermore, he explained that
“the application of general liability as set forth in the Civil Code is also
inappropriat[e] for the regulation of freedom of thought and expression, which
requires stricter and more foreseeable criteria for the subsequent attribution of
liability.
31.
Besides, the Court heard Mr. Kimel’s testimony at the public hearing, wherein he
referred to the judicial proceeding brought against him, to the events leading thereto, and
to its outcome, as well as to the alleged consequences that the civil and criminal sentence
imposed on the victim by the Argentine courts had on his personal life and professional
career.
B)
EVIDENCE ASSESSMENT
32.
In this case, as in others,16 the Court recognizes the evidentiary value of the
documents submitted by the parties at the appropriate procedural stage, which have neither
been disputed nor challenged and whose authenticity has not been questioned. As to the
documents forwarded as evidence to facilitate the adjudication of the case (supra para. 11),
the Court admits them into the body of evidence, pursuant to the provisions of Article 45(2)
of the Rules of Procedure.
33.
Likewise, the Court deems that the documents submitted by the State and the
representatives during the public hearing are useful for the adjudication of the instant case
and, therefore, admits them inasmuch as they have not been questioned nor has their
authenticity or truthfulness been challenged.
34.
As to the additional documents which were forwarded by the representatives
together with the brief of closing arguments (supra para. 11) regarding legal costs and
expenses, the Court reiterates that, under Article 44(1) of the Rules of Procedure, “the
[e]vidence tendered by the parties shall be admissible only if offered in the application and
in the answer thereto.” Furthermore, the Court has held that “the claims of the victims or
their representatives regarding legal costs and expenses, as well as the evidence supporting
such claims, must be submitted to the Court at the start of the first procedural stage and at
the first opportunity the parties are granted to do so, that is, in the brief of requests and
arguments, without prejudice to such claims being updated at a later procedural stage,
16
Cf. Case of Velásquez-Rodríguez. Merits. Judgment of July 29, 1988. Series C No. 4, para. 140; Case of
Zambrano-Vélez et al, supra note 11, para. 37 and Case of the Saramaka People, supra note 14, para. 67.