9
60.
On November 19, 2004, Salomón Lerner Febres forwarded an amicus curiae
brief.
V
EVIDENCE
61.
Before examining the evidence provided, the Court will make some
observations, in light of the provisions of Articles 44 and 45 of the Rules of
Procedure, which have been developed in its case law and are applicable to this case.
62.
The adversary principle, which respects the right of the parties to defend
themselves, applies to matters pertaining to evidence. This principle is embodied in
Article 44 of the Rules of Procedure, as regards the time at which the evidence
should be submitted to ensure equality between the parties.3
63.
According to the Court’s practice, at the commencement of each procedural
stage, the parties must indicate the evidence they will offer at the first opportunity
they are given to communicate with the Court in writing. Moreover, in exercise of
the discretional powers included in Article 45 of its Rules of Procedure, the Court may
request the parties to provide additional probative elements as helpful evidence; and
this shall not provide a new opportunity for expanding or completing the arguments
or offering fresh evidence, unless the Court expressly permits it.4
64.
In the matter of receiving and weighing evidence, the Court has indicated that
its proceedings are not subject to the same formalities as domestic proceedings and,
when incorporating certain elements into the body of evidence, particular attention
must be paid to the circumstances of the specific case and to the limits imposed by
respect for legal certainty and the procedural equality of the parties.5 Likewise, the
Court has taken account of international case law; by considering that international
courts have the authority to assess and evaluate the evidence according to the rules
of sound criticism, it has always avoided a rigid determination of the quantum of
evidence needed to support a judgment.6 This criterion is true for international
human rights courts, which have greater latitude to evaluate the evidence on the
pertinent facts, in accordance with the principles of logic and on the basis of
experience.7
65.
Based on the foregoing, the Court will now proceed to examine and weigh all
the elements of the body of evidence in this case, according to the principle of sound
criticism within the applicable legal framework.
3
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 66; Case of the
“Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 63; and Case
of Ricardo Canese. Judgment of August 31, 2004. Series C No. 111, para. 47.
4
Cf. Case of Herrera Ulloa. Judgment of July 2, 2004. Series C No. 107, para. 56; Case of Molina
Theissen. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of July 3, 2004.
Series C No. 108, para. 22; and Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No.
103, para. 47.
5
Cf. Case of Tibi, supra note 3, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 64; and Case of Ricardo Canese, supra note 3, para. 48.
6
Cf. Case of Tibi, supra note 3, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 64; and Case of Ricardo Canese, supra note 3, para. 48.
7
Cf. Case of Tibi, supra note 3, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 64; and Case of Ricardo Canese, supra note 3, para. 48.