23
139. The above principle is generally valid in international proceedings, but is particularly
applicable in human rights cases.
140. 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
rather to protect the victims and to provide for the reparation of damages resulting from the acts
of the States responsible.
141. In contrast to domestic criminal law, in proceedings to determine human rights violations
the State cannot rely on the defense that the complainant has failed to present evidence when it
cannot be obtained without the State's cooperation.
142. The State controls the means to verify acts occurring within its territory. Although the
Commission has investigatory powers, it cannot exercise them within a State's jurisdiction unless
it has the cooperation of that State.
143. Since the Government only offered some documentary evidence in support of its
preliminary objections, but none on the merits, the Court must reach its decision without the
valuable assistance of a more active participation by Honduras, which might otherwise have
resulted in a more adequate presentation of its case.
144. The manner in which the Government conducted its defense would have sufficed to prove
many of the Commission's allegations by virtue of the principle that the silence of the accused or
elusive or ambiguous answers on its part may be interpreted as an acknowledgment of the truth
of the allegations, so long as the contrary is not indicated by the record or is not compelled as a
matter of law. This result would not hold under criminal law, which does not apply in the instant
case (supra 140 and 141). The Court tried to compensate for this procedural principle by
admitting all the evidence offered, even if it was untimely, and by ordering the presentation of
additional evidence. This was done, of course, without prejudice to its discretion to consider the
silence or inaction of Honduras or to its duty to evaluate the evidence as a whole.
145. In its own proceeding and without prejudice to its having considered other elements of
proof, the Commission invoked Article 42 of its Regulations, which reads as follows:
The facts reported in the petition whose pertinent parts have been transmitted to
the government of the State in reference shall be presumed to be true if, during
the maximum period set by the Commission under the provisions of Article 34
paragraph 5, the government has not provided the pertinent information, as long
as other evidence does not lead to a different conclusion.
Because the Government did not object here to the use of this legal presumption in the
proceedings before the Commission and since the Government fully participated in these
proceedings, Article 42 is irrelevant here.
VIII
146. In the instant case, the Court accepts the validity of the documents presented by the
Commission and by Honduras, particularly because the parties did not oppose or object to those
documents. The foregoing does not apply to the unsigned statement alleged to have been given
under oath by Francisco Berríos in February 1984, which cannot be considered independent proof