16
law, as it deems that international courts have the authority to appraise and assess
evidence based on the rules of competent analysis, and has always avoided rigidly
setting the quantum of evidence required to reach a decision.7 This criterion is
especially valid with respect to international human rights courts, which enjoy
substantial flexibility in the assessment of evidence submitted to them regarding the
respective facts, to establish the international responsibility of a State, in accordance
with the rules of logic and based on experience.8
43.
Based on the above, the Court will now examine and assess the body of
evidence in the instant case, following the rules of competent analysis and within the
applicable legal framework.
A) DOCUMENTARY EVIDENCE
44.
When it filed its application, the Commission included as evidence 32 annexes
with that same number of documents (supra 1 y 12).9
45.
The State attached two annexes to its brief replying to the application (supra
16), which were the complete records of two cases processed under domestic
jurisdiction.10 On September 20, 2001 the State also submitted a certified document
issued by the court intervening in the domestic criminal case, stating that it did not
have better copies of the records contributed as annexes in the reply to the
application.11
46.
In its reply (supra 17), the Commission submitted two annexes with that
same number of documents.12
47.
four
The State attached four annexes to its April 29, 2002 brief, and these were
case records of domestic proceedings, and made observations on
7
Cf., Juan Humberto Sánchez Case, supra note 4, para. 30; “Five Pensioners” Case, supra note 4,
para. 65; and Cantos Case, supra note 6, para. 27.
8
Cf., Juan Humberto Sánchez Case, supra note 4, para. 30; “Five Pensioners” Case, supra note 4,
para. 65; and Cantos Case, supra note 6, para. 27.
9
Cf., Annexes 1 to 32 of the application brief filed before the Inter-American Commission on
January 24, 2001 are fastened with rings in separate volumes of the main file at the Secretariat of the
Court.
10
Cf., volumes 1 to 14 of case file No. 2,018 entitled “ESPOSITO, Miguel Ángel s/privación ilegal de
la libertad calificada y reiterada”, fastened with rings in separate volumes of the main file at the
Secretariat of the Court, with 2717 sheets; and single volume of the “incidente de nulidad en trámite ante
el Juzgado Nacional de Primera Instancia en lo Criminal de Instrucción nº 48, Secretaría de Sentencia nº
206 (Ex Juzgado de Sentencia letra W),” fastened with rings in a separate volume of the main file located
at the Secretariat of the Court, with 164 sheets.
11
Cf., Sheet 293 of the main file at the Secretariat of the Court entitled “Caso Bulacio. Fondo. Tomo
II”.
12
Cf., Annexes 1 and 2 of the rejoinder filed by the Commission on July 18, 2001, sheets 345 and
346 of the main file at the Secretariat of the Court entitled “Caso Bulacio. Fondo. Tomo II”.