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V
Evidence
41.
Before examining the evidence offered, the Court will, in the light of the
provisions set forth in Articles 44 and 45 of the Rules of Procedure, make some
considerations that arise from prior cases heard by the Court and which are
applicable to the instant case.
42.
As regards to the weighing of evidence, the contradictory principle is applied
which safeguards the right of defense of the parties. Such principle is embodied in
Article 44 of the Rules of Procedure regarding the time for offering the evidence, in
order for the parties to stand on an equal footing.4
43.
According to the usual practice of the Court, at the commencement of each
procedural stage, the parties must refer to the evidence they intend to offer in the
first written submission they make. Furthermore, the Court or the President of the
Court, exercising the discretionary authority under Article 45 of the Rules of
Procedure, may ask the parties to supply additional items as evidence to facilitate
adjudication of the case, without thereby affording a fresh opportunity to expand or
complement their arguments, unless by express leave of the Court.5
44.
The Court has also pointed out that, in taking and assessing evidence, the
procedures followed by this Court are not subject to the same formalities as those
required in domestic judicial proceedings and that admission of certain items into the
body of evidence must be effected paying special attention to the circumstances of
the specific case and bearing in mind the limits set by respect for legal certainty and
for the procedural equality of the parties. Furthermore, the Court has taken into
account that international precedents, according to which international courts are
deemed to have authority to weigh and appraise evidence based on the rules of a
reasonable credit and weight analysis, and has always avoided rigidly setting the
quantum of evidence necessary to reach a decision. This criterion is especially valid
regarding international human rights courts, which, for the purpose of the
determination of the international responsibility of a State for the violation of the
human rights, are flexible in the assessment and weighing of the evidence submitted
for their consideration, regarding any incumbent issues of fact, following the rules of
logic and based on experience.6
45.
On the basis of the aforesaid, the Court will proceed to examine and weigh
the documentary evidence filed by the Commission, the representatives and the
State in the different procedural stages or as evidence to facilitate the adjudication of
the case which has been requested by the President, all of which constitutes the
Cf. Case of Baldeón-García. Judgment of April 6, 2006. Series C No. 147, para. 60; Case of the
Sawhoyamaxa Indigenous Community. Judgment of March 29, 2006. Series C No. 146, para. 30; and
Case of Acevedo-Jaramillo et al. Judgment of February 7, 2006. Series C No. 144, para. 183.
4
Cf. Case of Baldeón-García, supra note 4, para. 61; Case of the Sawhoyamaxa Indigenous
Community, supra note 4, para. 31; and Case of Acevedo-Jaramillo et al., supra note 4, para. 184.
5
Cf. Case of Baldeó- García, supra note 4, para. 62; Case of the Sawhoyamaxa Indigenous
Community, supra note 4, para. 32; and Case of Acevedo-Jaramillo et al., supra note 4, para. 185.
6