7
view of the above, it asked the State to send the documents requested no later than
April 28, 2003. On May 7, 2003, the State submitted the information requested.
26.
On April 4, 2003, the representatives of the alleged victim requested an
extension for submission of their final written pleadings, which was granted by the
President until April 10. On that date, the representatives of the alleged victim
submitted their final pleadings in writing, as well as the evidence to facilitate
adjudication of the case. On April 7, 2003, the State submitted its final written
pleadings and the respective annexes. Finally, on April 22 the Commission reiterated
its considerations regarding the facts and the law made at the public hearing (supra
23) and it endorsed the claims made by the representatives of the alleged victim
with respect to reparations.
V
EVIDENCE
27.
Before examining the evidence received, the Court will state certain
considerations, in light of the provisions of Articles 43 and 44 of the Rules of
Procedure, applicable to the specific case, most of which have been developed in the
case law of the Court itself.
28.
First of all, it is important to point out that the principle of the presence of the
parties to a dispute applies to probatory matters, and this principle involves
respecting the parties’ right to defense is respected. This principle is one of the
foundations for Article 43 of the Rules of Procedure, regarding the time when
evidence must be offered for there to be equality among the parties.3
29.
According to the usual practice of the Court, at the start of each procedural
stage the parties must state, at the first opportunity granted them to go on record in
writing, what evidence they will offer. In addition, exercising its discretionary
authority, the Court may ask the parties to submit additional evidence to facilitate
adjudication of the case, without this possibility granting them a new opportunity to
expand or complement their pleadings or to offer new evidence, unless the Court
were to allow this.4
30.
The Court has also stated before, regarding receipt and assessment of the
evidence, that procedures before the Court are not subject to the same formalities as
in domestic judicial proceedings, and that inclusion of certain items in the body of
evidence must be done paying special attention to the circumstances of the concrete
case, and bearing in mind the limits defined regarding respect for legal certainty and
procedural balance among the parties.5 In addition, the Court has taken into
account that international case law, deeming that international courts have the
3
Cf. “Five Pensioners” Case. Judgment of February 28, 2003. Series C No. 98, para. 64; and Case
of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001. Series C No. 79, para. 86.
4
Cf. Las Palmeras Case. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of November 26, 2002. Series C No. 96, para. 17; El Caracazo Case. Reparations (Art. 63(1)
American Convention on Human Rights). Judgment of August 29, 2002. Series C No. 95, para. 37; and
Hilaire, Constantine and Benjamin et al. Case. Judgment of June 21, 2002. Series C No. 94, para. 64.
5
Cf. “Five Pensioners” Case, supra note 3, para. 65; Cantos Case. Judgment of November 28,
2002. Series C No. 97, para. 27; Las Palmeras Case, Reparations, supra note 4, para. 18; and Hilaire,
Constantine and Benjamin et al. Case, supra note 4, para. 65.
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