7
38.
On October 22, 2004, the State forwarded a brief in which it referred to the
comments presented by the Inter-American Commission on appendix 14 of the final
written arguments presented by Peru (supra para. 32).
39.
On November 4, 2004, the Center of Investigation and Legal Assistance in
International Law (IALDI) presented an amicus curiae brief.
40.
On November 18, 2004, the State forwarded a resolution of September 24,
2004, in which the National Terrorism Chamber “confirm[ed] that the detention
measure had been changed to a notice to appear in favor of María Teresa De La Cruz
Flores.”
V
EVIDENCE
41.
Before examining the evidence provided, the Court will make some
observations, in light of the provisions of Articles 44 and 45 of the Rules of
Procedure, which have been developed in its case law and are applicable to this case.
42.
The adversary principle, which respects the right of the parties to defend
themselves, applies to matters pertaining to evidence. This principle is embodied in
Article 44 of the Rules of Procedure, as regards the time at which the evidence
should be submitted to ensure equality between the parties.1
43.
In the matter of receiving and weighing evidence, the Court has indicated that
its proceedings are not subject to the same formalities as domestic proceedings and,
when incorporating certain elements into the body of evidence, particular attention
must be paid to the circumstances of the specific case and to the limits imposed by
respect for legal certainty and the procedural equality of the parties2. Likewise, the
Court has taken account of international case law; by considering that international
courts have the authority to assess and evaluate the evidence according to the rules
of sound criticism, it has always avoided a rigid determination of the quantum of
evidence needed to support a judgment3. This criterion is true for international
human rights courts, which have greater latitude to evaluate the evidence on the
pertinent facts, according to the principles of logic and on the basis of experience4.
44.
Based on the foregoing, the Court will now proceed to examine and weigh all
the elements of the body of evidence in this case.
1
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 66; Case of the
“Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 63; and Case
of Ricardo Canese. Judgment of August 31, 2004. Series C No. 111, para. 47.
2
Cf. Case of Tibi, supra note 1, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 64; and Case of Ricardo Canese, supra note 1, para. 48.
3
Cf. Case of Tibi, supra note 1, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 64; and Case of Ricardo Canese, supra note 1, para. 48.
4
Cf. Case of Tibi, supra note 1, para. 67; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 64; and Case of Ricardo Canese, supra note 1, para. 48.