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requires the Court to apply a standard of proof which considers the seriousness of the charge and
which, notwithstanding what has already been said, is capable of establishing the truth of the
allegations in a convincing manner.
130. The practice of international and domestic courts shows that direct evidence, whether
testimonial or documentary, is not the only type of evidence that may be legitimately considered
in reaching a decision. Circumstantial evidence, indicia, and presumptions may be considered, so
long as they lead to conclusions consistent with the facts.
131. Circumstantial or presumptive evidence is especially important in allegations of
disappearances, because this type of repression is characterized by an attempt to suppress all
information about the kidnapping or the whereabouts and fate of the victim.
132. Since the Court is an international tribunal, it has its own specialized procedures. All the
elements of domestic legal procedures are therefore not automatically applicable.
133. The above principle is generally valid in international proceedings, but is particularly
applicable in human rights cases.
134. The international protection of human rights should not be confused with criminal justice.
States do not appear before the Court as defendants in a criminal action. The objective of
international human rights law is not to punish those individuals who are guilty of violations, but
rather to protect the victims and to provide for the reparation of damages resulting from the acts
of the States responsible.
135. In contrast to domestic criminal law, in proceedings to determine human rights violations
the State cannot rely on the defense that the complainant has failed to present evidence when it
cannot be obtained without the State's cooperation.
136. The State controls the means to verify acts occurring within its territory. Although the
Commission has investigatory powers, it cannot exercise them within a State's jurisdiction unless
it has the cooperation of that State.
137. Since the Government only offered some documentary evidence in support of its
preliminary objections, but none on the merits, the Court must reach its decision without the
valuable assistance of a more active participation by Honduras, which might otherwise have
resulted in a more adequate presentation of its case.
138. The manner in which the Government conducted its defense would have sufficed to prove
many of the Commission's allegations by virtue of the principle that the silence of the accused or
elusive or ambiguous answers on its part may be interpreted as an acknowledgment of the truth
of the allegations, so long as the contrary is not indicated by the record or is not compelled as a
matter of law. This result would not hold under criminal law, which does not apply in the instant
case (supra 134 and 135). The Court tried to compensate for this procedural principle by
admitting all the evidence offered, even if it was untimely, and by ordering the presentation of
additional evidence. This was done, of course, without prejudice to its discretion to consider the
silence or inaction of Honduras or to its duty to evaluate the evidence as a whole.
139. In its own proceeding and without prejudice to its having considered other elements of
proof, the Commission invoked Article 42 of its Regulations, which reads as follows:
The facts reported in the petition whose pertinent parts have been transmitted to
the government of the State in reference shall be presumed to be true if, during
the maximum period set by the Commission under the provisions of Article 34