27
exercise of the judicial discretion conferred upon the Court by Article 44 of the Rules
of Procedure (supra para. 63), the Court may request additional evidence from the
parties for the purpose of clarification, without allowing, however, an opportunity for
the parties to expand upon or complement existing arguments, or to offer new
evidence, unless so permitted by the Tribunal. 63
65)
The Court has previously stated that its procedure relating to the admission
and evaluation of evidence is not subject to the same formalities as domestic judicial
procedures, and that the admission of certain pieces of evidence to the general body
of evidence must be carried out with careful attention to the circumstances of the
particular case, while bearing in mind the limits imposed by due respect for judicial
certainty and procedural equality as between the parties. In taking into account
that, according to international jurisprudence, international tribunals have the
authority to evaluate and assess evidence according to the rules of "competent
analysis," the Court has always avoided adopting a rigid standard for the quantum of
evidence necessary to justify a decision. 64 This principle is especially applicable to
international human rights tribunals, which enjoy greater flexibility in assessing the
evidence presented before them, in accordance with the rules of logic and on the
basis of experience, for the purpose of determining the international responsibility of
a State for the violation of a person’s rights. 65
66)
On the other hand, it is necessary to bear in mind that international human
rights protection should not be confused with criminal justice. In cases where States
appear before this Tribunal, they do not appear as defendants in a criminal action, as
the Court does not impose punishments on individuals found guilty of human rights
violations. The function of this Tribunal is to protect the victims, determine when
their rights have been violated and order reparation of the damage caused by the
States responsible for such acts. 66 Thus,
[t]he sole requirement is to demonstrate that the State authorities supported or
tolerated infringement of the rights recognized in the Convention. Moreover, the State's
international responsibility is also at issue when it does not take the necessary steps
under its domestic law to identify and, where appropriate, punish the authors of such
violations […]. 67
63
Cf. I/A Court H.R., Trujillo Oroza Case. Reparations (Art. 63(1) American Convention on Human
Rights). Judgment of February 27, 2002. Series C No. 92, para. 36; I/A Court H.R., Bámaca Velásquez
Case. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of February 22, 2002.
Series C No. 91, para. 14; and I/A Court H.R., Cantoral Benavides Case. Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of December 3, 2001. Series C No. 88, para. 21.
64
Cf. I/A Court H.R., Trujillo Oroza Case. Reparations, supra note 63, para. 37; I/A Court H.R.,
Cantoral Benavides Case. Reparations, supra note 63, para. 22; and I/A Court H.R., Cesti Hurtado Case.
Reparations (Article 63(1) American Convention on Human Rights). Judgment of May 31, 2001. Series C
No. 78, para. 21.
65
Cf. I/A Court H.R., Castillo Páez Case. Judgment of November 3, 1997. Series C No. 34, para. 39;
and I/A Court H.R., Loayza Tamayo Case. Judgment of September 17, 1997. Series C No. 33, para. 42.
66
Cf. I/A Court H.R., Castillo Petruzzi et al. Case. Judgment of May 30, 1999. Series C No. 52,
para. 90; I/A Court H.R., The "Panel Blanca" Case (Paniagua Morales et al.). Judgment of March 8, 1998.
Series C No. 37, para. 71; and I/A Court H.R., Suárez Rosero Case. Judgment of November 12, 1997.
Series C No. 35, para. 37.
67
I/A Court H.R., The "Street Children" Case (Villagrán Morales et al.). Judgment of November 19,
1999. Series C No. 63, para. 75; and I/A Court H.R., The "Panel Blanca" Case (Paniagua Morales et al.),
supra note 66, para. 91.