39
again raising issues regarding the merits of the case. However, the Court deems
that, in view of the estoppel principle, to which it has resorted several times in its
case law,20 acknowledgment of the facts set forth in the application and recognition
of responsibility regarding those facts, made by the State in the instant case, must
be given full import. Therefore, the evidence being assessed in the framework of this
judgment is that which seeks to establish the relevant facts in the reparations stage,
that is, pertaining to the following issues: what was the damage caused, what
reparations should be ordered, and who should be the beneficiaries of said
reparations.
53.
It should be stated that in its September 18, 2000 brief, the State
commented on the reparations briefs of the representatives of the victims and the
next of kin, as well as of the Commission. Nevertheless, in its November 15, 2001
brief, Venezuela asked that the September 18, 2000 brief with observations on
reparations be “annulled”. As a consequence of this, the statements contained in the
brief on reparations filed by the representatives of the victims and of the next of kin
and that by the Commission, on matters such as composition of the families of said
victims and their income and their contributions to cover the needs of the household,
were no longer controverted by the State. While the State attempted to change that
position in its June 18 and July 22, 2002 briefs, in which it questioned the arguments
of its counterparts regarding reparations, the Court must give full import to the
November 15, 2001 brief, in view of the estoppel principle.
54.
Developing the precedents of its case law on this matter,21 the Court deems it
relevant to establish that when the State does not respond to the reparations brief or
application, or when it desists from the respective reply, this will constitute an
indication in demonstation of the facts on which it remained silent or which the
subsequently abandoned reply had addressed, so these facts will be considered
proven insofar as no evidence appears that is capable of weakening them, and that
other evidence is gathered which, without necessarily being conclusive, contributes
to support their veracity.
55.
For the purposes of the instant judgment and according to its usual practice,
the Court has taken into account, first of all, that the criteria for assessment of the
evidence by an international human rights court are broader than those applied by
domestic courts, so it has a much greater degree of flexibility than the latter to
assess, based on the rules of logic and on experience,22 the evidence submitted
regarding relevant facts, and to resort, specifically, to indirect evidence –such as
circumstantial evidence, indications and presumptions-. Despite the above, when it
resorts to indirect evidence the Court takes care to examine whether the items of
evidence are coherent, whether they corroborate each other, and whether they are
in harmony with the whole body of evidence.23
20
Cf. Mayagna (Sumo) Awas Tingni Community Case. Preliminary Objections. February 1, 2000
Judgment. Series C No. 66, para. 57; Durand and Ugarte Case. Preliminary Objections. May 28, 1999
Judgment. Series C No. 50, para. 38; and Garrido and Baigorria Case. Reparations (Art. 63(1) American
Convention on Human Rights). August 27, 1998 Judgment. Series C No. 39, para. 46.
21
Hilaire, Constantine, Benjamin et al. Case, supra note 2, para. 67; Bámaca Velásquez Case.
November 25, 2000 Judgment. Series C No. 70, para. 100; and “Street Children” Case (Villagrán Morales
et al.). November 19, 1999 Judgment. Series C No. 63, para. 68.
22
Cf. Hilaire, Constantine, Benjamin et al. Case, supra note 2, para. 65; Mayagna (Sumo) Awas
Tingni Community Case. August 31, 2001 Judgment. Series C No. 79, para. 89; and Ivcher Bronstein
Case. February 6, 2001 Judgment. Series C No. 74, paras. 65 and 66.