7
32.
Prior to examining the evidence offered, the Court will present, based on that
established in Articles 44 and 45 of the Rules of Procedure, some considerations
developed in the jurisprudence of the Tribunal and applicable to this case.
33.
The principle of the presence of the parties to the dispute applies to
evidentiary matters, and it involves respecting the parties’ right to a defense. The
principle is enshrined in Article 44 of the Rules of Procedure, in what refers to the
time frame in which evidence must be submitted, in order to secure equality among
the parties.3
34.
According to the Tribunal’s practice, at the beginning of each stage in the first
opportunity granted to offer a written statement, the parties must mention what
evidence they will offer. Also, in the exercise of the discretionary authorities
contemplated in Article 45 of the Rules of Procedure, the Court or its President may
request additional evidentiary elements from the parties as evidence to facilitate
adjudication of the case, without this turning into a new opportunity to expand or
supplement the arguments, unless expressly permitted by the Tribunal.4
35.
The Court has stated, with regard to the receipt and assessment of the
evidence, that the proceeding followed before them is not subject to the same
formalities as domestic judicial actions, and that the incorporation of certain
elements into the body of evidence must be done paying special attention to the
circumstances of the specific case and taking into account the limits imposed by the
respect to legal security and the procedural balance of the parties. The Court has
also taken into account that international jurisprudence, when it considers that
international courts have the power to appraise and assess the evidence according to
the rules of competent analysis, has not established a rigid determination of the
quantum of the evidence necessary to substantiate a ruling. This criterion is
especially valid for international human rights tribunals that have ample powers in
the assessment of evidence presented before them regarding the relevant facts,
pursuant to the rules of logic and on the basis of experience.5
36.
Based on the aforementioned, the Court will proceed to examine and assess
the documentary evidentiary elements forwarded by the Commission, the
representatives, and the State in the different procedural opportunities or as
evidence to facilitate adjudication of the case requested by the Tribunal or its
President, all of which makes up the body of evidence of the present case. For this,
the Tribunal will comply with the principles of competent analysis, within the
corresponding legal framework.
A) DOCUMENTARY EVIDENCE
3
Cfr. Case of Ximenes Lopes. Judgment of July 4, 2006. Series C No. 149, para. 42; Case of
Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 106; and Case of Baldeón García.
Judgment of April 6, 2005. Series C No. 147, para. 60.
4
Cfr. Case of Ximenes Lopes, supra note 3, para. 43; Case of the Ituango Massacres, supra note 3,
para. 107; and Case of Baldeón García, supra note 3, para. 61.
5
Cfr. Case of Ximenes Lopes, supra note 3, para. 44; Case of the Ituango Massacres, supra note 3,
para. 108; and Case of Baldeón García, supra note 3, para. 62.