6
17.
The State submitted its brief containing its conclusions on the matter of
reparations and costs on October 9, 2001.
18.
The Commission submitted its brief of conclusions on reparations and costs in
the instant case on November 1, 2001.
19.
The victim’s representatives tendered their conclusions on reparations and
costs on November 2, 2001.
IV
EVIDENCE
20.
Based on the provisions of articles 43 and 44 of the Rules of Procedure,
before examining the evidence tendered the Court has a number of observations that
apply to this specific case, most of which have been developed in this Court’s own
case law.
21.
According to the consistent practice of the Court, during the reparations
phase, at the first occasion granted to the parties to make a written statement the
parties must indicate the evidence that they will offer. Further, in exercise of the
discretionary authorities it is given under Article 44 of its Rules of Procedure, the
Court may request from the parties any additional evidence it considers helpful,
although the parties are not to construe such request as an opportunity to elaborate
upon or add to their allegations or tender new evidence on reparations, unless the
Court so authorizes.2
22.
The Court has previously held that its proceedings are not subject to the
same formalities that must be followed in domestic courts and that when adding
certain elements to the body of evidence, particular attention must be paid to the
circumstances of the specific case and the limits imposed by respect for legal
certainty and the equality of the parties. 3
23.
This practice applies as well to the briefs in which the victim’s representatives
or, when applicable, his/her next of kin, and the Inter-American Commission
formulate the reparations being sought. It also applies to the State’s reply brief.
These are the principal documents at the reparations phase and are, on the whole,
subject to the same formalities as those followed in the brief tendering evidence.
Based on this, the Court will examine and evaluate all elements in the body of
evidence, according to the principle of sound judicial discretion,4 within the legal
framework of the case sub judice.
2
Cf. Cesti Hurtado Case. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of May 31, 2001. Series C No. 78, paragraph 20; The “Street Children” Case (Villagrán Morales
et al.). Reparations (Art. 63(1) American Convention on Human Rights). Judgment of May 26, 2001.
Series C No. 77, paragraph 39; and The “White Van” Case (Paniagua Morales et al.). Reparations (Art.
63(1) American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, paragraph
50.
3
Cf. The Mayagna (Sumo) Awas Tingni Community Case. Judgment of August 31, 2001. Series C
No. 79, paragraph. 89; Cesti Hurtado Case. Reparations, supra note 2, paragraph 21; and The “Street
Children” Case (Villagrán Morales et al.). Reparations, supra note 2, paragraph 40.
4
Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraphs 90 and 91; Cesti
Hurtado Case. Reparations, supra note 2, paragraph. 23; and The “Street Children” Case (Villagrán
Morales et al.). Reparations, supra note 2, paragraph 42.