15.
The Court deems that, given the characteristics of the instant case, taking
into account the situation of the next of kin of the victims and the modes of life in
the region where the facts of the case took place, the powers of attorney granted are
a clear expression of the will of the persons granting them and of the other next of
kin of the victims, for which reason said instruments must be considered suitable. In
cases where direct representation of some of the next of kin of the victims is lacking,
when the power of attorney is not included in the case file, the Court will act on the
basis of the relevant information at hand.
V
EVIDENCE
16.
Before examining the evidence received, the Court will, in light of the
provisions of Articles 43 and 44 of the Rules of Procedure, state certain
considerations applicable to the specific case, most of which have been developed in
the case law of the Court itself.
17.
According to the usual practice of the Court, during the reparations stage the
parties must state what evidence they offer, at the first opportunity granted to them
to make a statement in writing. The discretionary authority of the Court, set forth in
Article 44 of its Rules of Procedure, allows it to request additional probatory
elements, as evidence to facilitate adjudication, without this possibility granting the
parties a new opportunity to expand upon or to complement their arguments or to
offer new evidence on reparations, unless the Court were to allow this.4
18.
The Court has repeatedly stated that inclusion of certain elements in the body
of evidence must be effected paying special attention to the circumstances of the
specific case and bearing in mind the limits established by respect for legal certainty
and procedural balance among the parties.5
19.
Based on the above, the Court will now examine and assess the set of
elements that constitute the body of evidence of the case, based on the rules of
competent analysis,6 within the legal framework of the case under consideration.
A) DOCUMENTARY EVIDENCE
20.
When they filed their brief on reparations (supra para. 3), the representatives
of the next of kin of the victims attached 1,387 documents as evidence.7
4
Cf. El Caracazo Case. Reparations, supra note 2, para. 37; Hilaire, Constantine and Benjamin et
al. Case. June 21, 2002 Judgment. Series C No. 94, para. 64; and Trujillo Oroza Case. Reparations, supra
note 2, para. 36.
5
Cf. El Caracazo Case. Reparations, supra note 2, para. 38; Hilaire, Constantine and Benjamin et
al. Case, supra, note 4, para. 65; and Trujillo Oroza Case. Reparations, supra note 2, para. 37.
6
Cf. El Caracazo Case. Reparations, supra note 2, para. 39; Hilaire, Constantine and Benjamin et
al. Case, supra note 4, para. 65; y Trujillo Oroza Case. Reparations, supra note 2, para. 38.
7
Cf. evidence file received during the reparations phase in Las Palmeras Case, sheets 1 to 1727.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos