8
be given to the circumstances of the case in question, with due regard for the
conditions necessary to preserve the principle of legal certainty and the balanced
procedural rights of the parties.
39.
This practice also applies to the briefs containing the reparations claims and
to the State’s brief commenting on the reparations brief, which are the principal
documents at this stage and that in general are subject to the same formalities as
the application and reply on the merits insofar as evidence is concerned. Here it is
important to recall the Court’s finding that:
the procedural system is a means of attaining justice and that the latter cannot be
sacrificed for the sake of mere formalities. Keeping within certain timely and reasonable
limits, some omissions or delays in complying with procedure may be excused, provided
that a suitable balance between justice and legal certainty is preserved (Cayara Case,
Preliminary Objections, Judgment of February 3, 1993. Series C No. 14, para. 42).
40.
Therefore, the Court will address the evidentiary aspects of the instant case
within the legal framework thus described.
DOCUMENTARY EVIDENCE
41.
At the time she submitted her reparations brief, the victim stated that its
appendices would be forthcoming. On February 5, 1998, she presented the following
documents as evidence:
a)
Documents pertaining to the victim’s domicile
(cf. certification of domicile issued by the Banco de la Nación; certification of domicile issued by
the National Police Ministry of the Interior of Perú, and made out in the name of María Elena
Loayza-Tamayo, Appendix I);
b)
Birth certificates of the victim, her children and her siblings, and her
parent’s marriage certificate
(cf. birth certificates for Gisselle Elena Zambrano-Loayza, Paul Abelardo Zambrano-Loayza and
María Elena Loayza-Tamayo, Appendix II; civil marriage certificate for Julio Loayza-Sudario and
Adelina Tamayo-Trujillo; birth certificates for Delia Haydée Loayza-Tamayo, Carolina Maida
Loayza-Tamayo, William Julio Loayza-Tamayo, Olga Adelina Loayza-Tamayo, Elizabeth Giovanna
Loayza-Tamayo and Rubén Edilberto Loayza-Tamayo, Appendix III);
c)
Curriculum vitae and personal background of the victim
(cf. curriculum vitae of María Elena Loayza-Tamayo; certificate attesting to the good character of
María Elena Loayza-Tamayo, issued by the Director, Office of the Deputy Director, OBE Advisory
Services, Asociación de Padres de Familia [Parents’ Association] of the Colegio “José Gabriel
Condorcanqui” [José Gabriel Condorcanqui High School], November 23, 1993; certification of
employment and good character in the name of María Elena Loayza-Tamayo, issued by the
Director of the “C.E. José Gabriel Condorcanqui”, U.S.E. 07-Rímac, November 24, 1993;
certification issued by the Director of the National School of Dramatic Arts, December 15, 1993;
memorandum from the head of the Humanities Department to María Elena Loayza-Tamayo, dated
June 2, 1988; certification issued by the Director of the Universidad de San Martín de Porres
concerning María Elena Loayza-Tamayo, April 24, 1989; note from the Universidad de San Martín
de Porres, addressed to María Elena Loayza-Tamayo, January 14, 1990; circular RNC. 271-91DEA-FCA-USMP, from the Director of the School of Management to María Elena Loayza-Tamayo,
dated December 11, 1991; Decision No. 058-92-FCS-SMP of the Universidad de San Martín de
Porres, August 12, 1992; certification issued by the Office of the University Personnel
Management Office, for María Elena Loayza-Tamayo, January 3, 1994; certification of María Elena
Loayza-Tamayo’s employment, issued by the Chief of the Office of Personnel and Services of the