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126. Because the Commission is accusing the Government of the disappearance of Francisco
Fairén Garbi and Yolanda Solís Corrales, it, in principle, should bear the burden of proving the
facts underlying its petition.
127. The Commission's argument relies upon the proposition that the policy of disappearances,
supported or tolerated by the Government, is designed to conceal and destroy evidence of
disappearances.
When the existence of such a policy or practice has been shown, the
disappearance of a particular individual may be proved through circumstantial or indirect evidence
or by logical inference. Otherwise, it would be impossible to prove that an individual has been
disappeared.
128. The Government did not object to the Commission's approach. Nevertheless, it argued
that neither the existence of a practice of disappearances in Honduras nor the participation of
Honduran officials in the alleged disappearance of Francisco Fairén Garbi and Yolanda Solís
Corrales had been proven.
129. The Court finds no reason to consider the Commission's argument inadmissible. If it can
be shown that there was an official practice of disappearances in Honduras, carried out by the
Government or at least tolerated by it, and if the disappearance of Francisco Fairén Garbi and
Yolanda Solís Corrales can be linked to that practice, the Commission's allegations will have been
proven to the Court's satisfaction, so long as the evidence presented on both points meets the
standard of proof required in cases such as this.
130. The Court must determine what the standards of proof should be in the instant case.
Neither the Convention, the Statute of the Court nor its Rules of Procedure speak to this matter.
Nevertheless, international jurisprudence has recognized the power of the courts to weigh the
evidence freely, although it has always avoided a rigid rule regarding the amount of proof
necessary to support the judgment (cfr. Corfu Channel, Merits, Judgment, I.C.J. Reports 1949;
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States
of America), Merits, Judgment, I.C.J. Reports 1986, paras. 29-30 and 59-60).
131. The standards of proof are less formal in an international legal proceeding that in a
domestic one. The latter recognize different burdens of proof, depending upon the nature,
character and seriousness of the case.
132. The Court cannot ignore the special seriousness of finding that a State Party to the
Convention has carried out or has tolerated a practice of disappearances in its territory. This
requires the Court to apply a standard of proof which considers the seriousness of the charge and
which, notwithstanding what has already been said, is capable of establishing the truth of the
allegations in a convincing manner.
133. The practice of international and domestic courts shows that direct evidence, whether
testimonial or documentary, is not the only type of evidence that may be legitimately considered
in reaching a decision. Circumstantial evidence, indicia, and presumptions may be considered, so
long as they lead to conclusions consistent with the facts.
134. Since the Court is an international tribunal, it has its own specialized procedures. All the
elements of domestic legal procedures are therefore not automatically applicable.
135. The above principle is generally valid in international proceedings, but is particularly
applicable in human rights cases.
136. The international protection of human rights should not be confused with criminal justice.
States do not appear before the Court as defendants in a criminal action. The objective of
international human rights law is not to punish those individuals who are guilty of violations, but