12
62.
In addition to direct evidence, either in the form of testimony, opinions of
experts or treatises, international tribunals and domestic courts may base judgments
on circumstantial evidence, clues and presumptions, provided solid conclusions as to
the facts can be inferred therefrom. The Court has ruled that:
In the exercise of its juridical functions and when ascertaining and weighing the
evidence necessary to decide the cases before it, the Court may, in certain
circumstances, make use of both circumstantial evidence and indications or
presumptions on which to base its pronouncements when they lead to consistent
conclusions as regards the facts of the case …4
63. The Court will now address the evidentiary aspects of the instant case given
the law and jurisprudence described herein.
DOCUMENTARY EVIDENCE
64.
With its application the Commission tendered, inter alia, the following
documents as evidence:
a)
the alleged victims’ birth certificates;5
b)
report of the International Commission of Jurists on the crimes of
terrorism and treason in Peru;6
c)
legislation in effect for prosecuting the crimes of treason;7
d)
final judgment of the alleged victims, May 3, 1994;8 and
e)
report on the visit to Peruvian prisons by representatives of the
Human Rights Commission of the Chilean Parties of Democratic
Reconciliation.9
4.
Gangaram Panday Case, Judgment of January 21, 1994. Series C No. 16, para. 49; see also
Loayza Tamayo Case, Judgment of September 17, 1997. Series C No. 33, para. 42; Castillo Páez Case,
Judgment of November 3, 1997. Series C No. 34, para. 39; Blake Case, Judgment of January 24, 1998.
Series C No. 36, para. 49; Paniagua Morales et al. Case, supra footnote 3, para. 70.
5.
Cf. Birth certificates A7965145, A7965144, A7965146 and 12,874,542, all issued in July 1997,
Bureau of Vital Statistics and Identification of Chile, Appendix VI.
6.
Cf. Report of the International Commission of Jurists, Appendix IV.
7.
Cf. Decree-Law No. 25,475 (establishing sentencing guidelines for the crimes of terrorism and
procedure for the investigation, judicial inquiry and trial of cases involving terrorism crimes), May 5, 1992;
Decree-Law No. 25,659 (regulating the crime of treason), September 2, 1992; Decree-Law No. 25,564
(sentencing guidelines for adults over the age of 15 convicted of acts of terrorism, amendments to Article
20 of the Penal Code), June 17,1992; and various rules of trial “in the theater of operations,” Appendix V.
8.
Cf. Final Judgment, May 3, 1994, entered by the Special Tribunal of the Supreme Court of Military
Justice, Appendix III..
9.
Cf. Report on the trip to Lima made by representatives of the Human Rights Commission of the
Chilean Parties of Democratic Reconciliation, Appendix II.