10
22.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, as well as
the Court’s case law concerning evidence and its assessment,39 the Court will proceed to
examine and assess the probative elements forwarded by the parties at different procedural
opportunities or as evidence requested on the instructions of the President, together with
the testimonies, the informative statements, and the expert opinions rendered before the
Court or by means of an affidavit. To this end, the Court shall abide by the principles of
sound criticism, within the corresponding legal framework.40
A)
DOCUMENTARY, TESTIMONIAL AND EXPERT EVIDENCE
23.
The Court underscores that, when notifying the application, on the instructions of the
President and taking into account the Commission’s request in paragraph 157 of the
application, the State was asked that, when submitting its answer to the application and
observations on the representative’s brief with pleadings, motions and evidence, it forward
complete and legible copies of the documentation relating to the investigations and to the
domestic proceedings filed in connection with this case, as well as a copy of the applicable
laws and regulations. The State did not present most of this information. The Court recalls
that the parties must submit to the Court all the evidence they are requested to provide, so
that it is has as much relevant information as possible to deliberate on the facts and
motivate its decisions.
24.
The witnesses proposed by the Commission, Yvon Neptune and Ronald Saint-Jean,
testified about the detention conditions that Mr. Neptune allegedly endured. Mr. Neptune
also testified about the criminal proceedings filed against him and their effects, as well as
about his hunger strikes while he was detained.
25.
In addition, the statement made by Serge Henry Vieux, the expert witness proposed
by the Commission, was provided. He made a general statement about the Haitian judicial
system and criminal proceedings, particularly during the period when the facts of the instant
case occurred, as well as about the judicial proceedings filed against Mr. Neptune.
26.
The informative statement of Mr. Mario Joseph, proposed by the Commission, was
also provided concerning the criminal proceedings filed against Mr. Neptune and the prison
conditions that he supposedly experienced.
27.
During the public hearing, convened and held as a procedure for taking evidence, the
Court heard the testimony of Mr. Neptune, and the informative statement of Mario Joseph;
they both testified on the facts regarding which the hearing had been convened (supra para.
14).
39
Cf. Baena Ricardo et al. v. Panama. Merits, reparations and costs. Judgment of February 2, 2001. Series C
No. 72, para. 68; the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of May
25, 2001. Series C No. 76, para. 50, and Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of
February 22, 2002. Series C No. 91, para. 15. See also the Miguel Castro Castro Prison v. Perú. Merits, reparations
and costs. Judgment of November 25, 2006. Series C No. 160, paras. 183 and 184; Almonacid Arellano et al. v.
Chile, supra note 37, paras. 67, 68 and 69, and Servellón García et al. v. Honduras. Reparations and costs.
Judgment of September 21, 2006. Series C No. 152, paras. 34 and 35.
40
Cf. The “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998. Series C
No. 37, para. 76; The Saramaka People, supra note 36, para. 63, and Albán Cornejo et al., supra note 38, para.
26.