21.
The Court has established that alleged victims must be indicated in the Commission’s
report under Article 50 of the Convention and in its application. In addition, according to
Article 34(1) of the Rules of Procedure, it is the responsibility of the Commission, and not
this Court, to identify precisely and on the proper procedural occasion the alleged victims in
a case before the Court.18 Since Mrs. Fénelon and Mr. Benoit were not named as alleged
victims in the Commission’s application, they will not be considered alleged victims.
VI
EVIDENCE
22.
Based on the provisions of Articles 46 and 50 of the Rules of Procedure, as well as on
its case law concerning evidence and its assessment,19 the Court will examine and assess
the documentary evidence submitted by the parties on different procedural occasions. To
this end, the Court will observe the principles of sound judicial discretion within the
corresponding legal framework.20
A. Documentary, testimonial and expert evidence
23.
The Court received various documents presented as evidence by the Inter-American
Commission and the representatives together with their main briefs (supra paras. 1, 5 and
11). In addition, affidavits were received from three expert witnesses:21
a) Mario Joseph, expert witness proposed by the Commission, lawyer, who gave
an opinion on the shortcomings of the Haitian criminal justice system, and on
the alleged lack of investigation of acts in which State agents are presumably
involved.
b) Thomas M. Griffin, expert witness proposed by the representatives, Legal
Affairs Director of the “Lamp for Haiti Foundation,” who gave an opinion on the
supposed conditions of Haitian detention centers and the alleged abuses carried
out by the personnel of these centers in the context of the human rights
situation in Haiti.
c)
William G. O'Neill, expert witness proposed by the representatives, Director of
the Conflict Prevention and Peace Forum, who gave an opinion on the “climate
for human rights defenders in Haiti, as well as on the situation of the Haitian
National Police for several years, particularly with regard to impunity.”
18
Cf. Case of the Ituango Massacres v. Colombia. Preliminary objections, merits, reparations and costs.
Judgment of July 1, 2006. Series C No. 148, para. 98, and Case of Barbani Duarte et al. v. Uruguay, supra note 9,
para. 42.
19
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, paras. 69-76, and Case of Barbani Duarte et al. v. Uruguay, supra note 9, para. 16.
20
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 19, para. 76, and Case of
Barbani Duarte et al. v. Uruguay, supra note 9, para. 16.
After their presentation had been required in the order of the President of July 20,
2011, in communications of August 8, 2011, the Commission desisted from presenting the
expert opinion of Lizbeth Cullity, and the representatives did the same with regard to the
expert opinion of Mary C. Cogar.
21
9