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61)
Before turning to the analysis of the evidence received, in this chapter the
Court will specify the general guidelines for assessing evidence and make reference
to certain general considerations applicable to the specific case, the majority of
which have been previously expounded in the jurisprudence of this Tribunal.
62)
Article 43 of the Court's Rules of Procedure provides that:
1.
Items of evidence tendered by the parties shall be admissible
only if previous notification thereof is contained in the application and
in the reply thereto and, when appropriate, in the document setting
out the preliminary objections and in the answer thereto.
2.
Evidence tendered to the Commission shall form part of the file,
provided that it has been received in a procedure with the presence of
both parties, unless the Court considers it essential that such evidence
should be repeated.
3.
Should any of the parties allege force majeure, serious
impediment or the emergence of supervening events as grounds for
producing an item of evidence, the Court may, in that particular
instance, admit such evidence at a time other than those indicated
above, provided that the opposing parties are guaranteed the right of
defense.
4.
In the case of the alleged victim, his next of kin or his duly
accredited representatives, the admission of evidence shall also be
governed by the provisions of Articles 23, 35(4) and 36(5) of the Rules
of Procedure.
63)
Likewise, Article 44 states the following:
The Court may, at any stage of the proceedings:
1.
Obtain, on its own motion, any evidence it considers helpful. In
particular, it may hear as a witness, expert witness, or in any other
capacity, any person whose evidence, statement or opinion it deems to
be relevant.
2.
Request the parties to provide any evidence within their reach
or any explanation or statement that, in its opinion, may be useful.
3.
Request any entity, office, organ or authority of its choice to
obtain information, express an opinion, or deliver a report or
pronouncement on any given point. The documents may not be
published without the authorization of the Court.
4.
Commission one or more of its members to conduct measures
in order to gather evidence.
64)
According to the consistent practice of this Court, at the commencement of
each procedural stage, the parties are required to state in writing, at the first
available opportunity, the evidence they will be presenting. Furthermore, in the