19
45.
An international tribunal whose purpose is to protect human rights, such as
the Inter-American Court, has its own procedures, which distinguish its proceedings
from proceedings under domestic law. They are less formal and more flexible than
the latter, which does not mean that the Court disregards the legal protection of and
procedural balance for the parties.9
46.
Also, it is necessary to bear in mind that the international protection of
human rights must not be confused with criminal justice. When States appear before
the Tribunal, they are not engaged in a criminal proceeding. The function of the
Court is not to impose punishment on States or persons guilty of violating human
rights, but rather to protect victims from such violations, declare States responsible
for same internationally, when appropriate, and order said States to provide
compensation for the injury caused by the acts in question.10
47.
In addition to direct evidence, be it testimonial, expert or documentary,
international courts, as well as domestic courts, can base their judgments on
circumstantial evidence, indications and presumptions, provided same lead to sound
conclusions regarding the facts. In this regard, the Court has already said that
in the exercise of its jurisdictional function, and in the process of
obtaining and assessing the evidence it needs to decide the cases it
hears, it may, in certain circumstances, use both circumstantial
evidence and indications or presumptions as a basis for its
pronouncements, when consistent conclusions regarding the facts can
be inferred from same. 11
48.
Also, as the Court has pointed out, the criteria used by an international
human rights tribunal in assessing evidence are broader, and in determining the
international responsibility of a State for the violation of human rights, it has greater
flexibility in assessing the evidence placed before it in connection with the pertinent
facts, in accordance with the rules of logic and based on experience.12
49.
In this case, the Court will weigh the value of the documents, testimony and
expert opinions presented to it.
9
cfr. Castillo-Petruzzi et al. Case. Judgment of May 30, 1999. Series C No. 52, para. 60; CastilloPáez Case. Reparations (Art. 63.1 of the American Convention on Human Rights). Judgment of November
27, 1998. Series C No. 43, para. 38; Loayza-Tamayo Case, Reparations (Art. 63.1 of the American
Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42, para. 38; and
Paniagua-Morales et al. Case. Judgment of March 8, 1998. Series C No. 37, para. 70.
10
cfr. Paniagua-Morales et al. Case, supra note 9, para. 71; Suárez-Rosero Case, Judgment of
November 12, 1997. Series C No. 35, para. 37; Fairén-Garbi and Solís-Corrales Case. Judgment of March
15, 1989. Series C No. 6, para. 136. Godínez-Cruz Case. Judgment of January 20, 1989. Series C No. 5,
para. 140; and Velázquez-Rodríguez Case. Judgment of July 29, 1988. Series C No. 4, para. 134.
11
cfr. Castillo-Petruzzi et al. Case, supra note 9, para. 62; Loayza-Tamayo Case, Reparations,
supra note 9, para. 51; Paniagua-Morales et al.Case, supra note 9, para. 72; Blake Case. Judgment of
January 24, 1998. Series C No. 36, para. 49; and Gangaram-Panday Case. Judgment Of January 21,
1994. Series C No. 16, para. 49.
12
cfr. Blake Case, supra note 11, para. 50; Castillo-Páez Case. Judgment of November 3, 1997.
Series C No. 34, para. 39; and Loayza-Tamayo Case. Judgment of September 17, 1997. Series C No. 33,
para. 42.