9
the evidence must be submitted, in order to seek equality among the parties10.
42.
It is well-settled law and practice that international procedures relating to the
admission and evaluation of evidence are not subject to the same formalities as
domestic judicial procedures. 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. The admission 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.11
43.
Therefore, the Court will proceed to examine and evaluate all the elements
that comprise the corpus of evidence in the case.
a) DOCUMENTARY EVIDENCE
44.
Among the documentary evidence presented by the parties, the Commission
submitted the alleged victim's declaration and the reports and exhibits of the expert
witnesses (affidavits) pursuant to the President's Order of October 20, 2004 (supra
para. 27). The Court deems pertinent to summarize these affidavits.
a) Testimony of Mr. Winston Caesar
In his affidavit, Mr. Winston Caesar, the alleged victim of the violations
pleaded in the instant case, deposed as follows:
He described the conditions of his incarceration at the Golden Grove Prision,
and at the Carrera Prison where he shared a cell with four men, and slept on
the floor on a thin mat. The cell was hot and had no ventilation, and did not
have toilet facilities. At the Maximum Security Prison the water is turned on
for only half an hour in the mornings and afternoons. He is allowed to go out
in the yard for about an hour every morning and afternoon during the week;
on the weekends, he is allowed to go into the yard only in the morning. Since
entering prison Mr. Caesar has lost most of his teeth and has not received any
dental treatment. He has also suffered from hemorrhoids; he has had
surgery but still has symptoms of the malady and thus requires another
operation. In 1998 he discovered that he has a cyst in his groin area, which
will also require surgery.
He knew that floggings take place at the Carrera Prison two or three times a
year. On three occassions, at least, he was taken to another cell block to
witness the infliction of similar punishment on four other men (infra para.
77).
10
Cf. Case of Lori Berenson-Mejía. Judgment of November 25, 2004. Series C No. 119, para. 62;
Case of Carpio-Nicolle et al., Judgment of November 22, 2004. Series C No. 117, para. 54; and Case of
Plan de Sánchez Massacre. Reparations (Art. 63(1) American Convention on Human Rights. Judgment of
November 19, 2004. Series C No. 116, para. 27.
11
Cf. Case of Lori Berenson-Mejía, supra note 10, para. 64; Case of Carpio-Nicolle et al., supra note
10, para. 55; and Case of Plan de Sánchez Massacre. Reparations, supra note 10, para 28.