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.

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