11
52.
On November 17, 2004, the Inter-American Commission stated that it had
been “informed by the representatives […] that they ha[d] presented all the
documentation” regarding the requested evidence.
VI
EVIDENCE
53.
Before examining the evidence received, the Court will make some
observations in light of the provisions of Articles 44 and 45 of the Rules of Procedure,
which are applicable to this specific case, most of which have been developed in its
case law.
54.
In probative matters, the adversary principle, which respects the right of the
parties to defend themselves, applies to matters pertaining to evidence; it is one of
the principles on which Article 44 of the Rules of Procedure is based, concerning the
time at which the evidence should be submitted to ensure equality between the
parties.11
55.
In the matter of receiving and weighing evidence, the Court has indicated
previously that its proceedings are not subject to the same formalities as domestic
proceedings and, when incorporating certain elements into the body of evidence,
particular attention must be paid to the circumstances of the specific case and to the
limits imposed by respect for legal certainty and the procedural equality of the
parties.12 Likewise, the Court has taken account of international case law; by
considering that international courts have the authority to assess and evaluate the
evidence according to the rules of sound criticism, it has always avoided a rigid
determination of the quantum of evidence needed to support a judgment.13 This
criterion is especially true for international human rights courts, which have greater
latitude to evaluate the evidence on the pertinent facts, in accordance with the
principles of logic and on the basis of experience, in order to determine the
international responsibility of a State for the violation of human rights.14
56.
Based on the foregoing, the Court will now proceed to examine and weigh all
the elements of the body of evidence in this case within the applicable legal
framework.
A) DOCUMENTARY EVIDENCE
57.
The Inter-American Commission provided documentary evidence when it
presented its application brief (supra para. 1).15
11
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 66; Case of the
“Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 63; and Case
of Ricardo Canese. Judgment of August 31, 2004. Series C No. 111, para. 47.
12
Cf. Case of Tibi, supra note 11, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
11, para. 64; and Case of Ricardo Canese, supra note 11, para. 48.
13
Cf. Case of Tibi, supra note 11, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
11, para. 64; and Case of Ricardo Canese, supra note 11, para. 48.
14
Cf. Case of Tibi, supra note 11, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
11, para. 64; and Case of Ricardo Canese, supra note 11, para. 48.
15
Cf. file with appendixes to the application, tome 1 vol. 1 and 2, and tome 2 vol. 1 and 2,
appendixes 1 to 21, folios 1041 to 1270.