13
forwarded the evidence that each party had supplied for better adjudication of the
case to the other parties.
V
EVIDENCE
62.
Before embarking upon its examination of the evidence received, the Court
will analyze, in light of the provisions of Articles 44 and 45 of the Rules of Court,
certain considerations applicable to this specific case, most of which have been
addressed in the Court’s own case law.
63.
To begin with, the right of both parties to be present in order to confront and
cross-examine witnesses preserves the parties’ right of defense and applies also in
evidentiary matters. This principle is one of the underpinnings of Article 44 of the
Rules of Procedure, which provides that the evidence must be received in a
proceeding with both parties present, to ensure equality between them.26
64.
On the matter of receiving and assessing evidence, the Court has previously
held that proceedings before this Court are not subject to the same formalities
required in domestic judicial proceedings and that admission of items into evidence
must be done paying special heed to the circumstances of the specific case and
bearing in mind the limits set by respect for legal certainty and procedural balance
between the parties.27
The Court has also taken account of the fact that
international case law holds that international courts have the authority to appraise
and assess evidence based on the rules of competent analysis, and has thus always
avoided rigidly determining the quantum of the evidence necessary as the basis for a
ruling.28 This criterion is especially valid regarding to international human rights
courts, which –to establish the international responsibility of a State for violation of
an individual’s rights- have ample flexibility for assessment of the evidence
submitted to them regarding the pertinent facts, in accordance with the rules of logic
and based on experience.29
65.
Based on the foregoing, the Court will now proceed to examine and assess
the combination of items that constitute the body of evidence in the instant case,
following the rules governing reasoned judgment arrived at freely and on the basis of
admissible evidence.
A) DOCUMENTARY EVIDENCE
26
Cf. Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, para.
40; Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 64; and Case of Molina
Theissen. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of July 3, 2004.
Series C No. 108, para. 21.
27
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26 para. 41; Case of the 19 Tradesmen,
supra note 26, para. 65; and Case of Molina Theissen, supra note 26, para. 23.
28
29
Supra note 27.
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 41; Case of the 19 Tradesmen,
supra note 26, para. 65; and Case of Herrera Ulloa. Judgment of July 2, 2004, Series C No. 107, para. 57.