31
statements, there are certain differences in relation to the transcriptions furnished and that
the videos only show excerpts of all the speeches and that they have been edited.52
110. Regarding the other documents and videos furnished by the representatives and the
State together with their respective briefs of final arguments, the Court considers that they
were untimely submitted and therefore it does not admit them into the body of evidence.
111. Finally, based on the principle of procedural economy and promptness, the Court
considers useful to admit certain domestic laws submitted in the case of Luisiana Rios et al.
V. Venezuela53, into the body of evidence.
*
*
*
112. Upon formally examining the evidence contained in the records of the instant case,
the Court shall now proceed to analyze the violations alleged by the American Convention in
consideration of the facts that the Court consider proven, as well as the legal arguments of
the parties. In doing so, the Tribunal will assess them on the basis of sound judgment,
within the applicable legal framework54. It is worth mentioning that international courts are
deemed to have authority to appraise and assess evidence following the rules of logic and
based on experience, and has always avoided rigidly setting the quantum of evidence
required to reach a decision55. Circumstantial or indirect evidence or inference may be used,
as long as solid conclusions regarding the facts can be inferred from such evidence56.
113. The Court shall come to the corresponding determination observing that the
evidence tendered, including the statements, coincide with each other, that there are other
supporting items of evidence and, in general, that the evidence furnished is sufficient,
varied, suitable, reliable and relevant to prove the facts subjected to the analysis. That is to
say, it is necessary to verify that the assumptions put forward by the parties are proven, as
well as the degree of rational credibility of the conclusion the party alleging it intend to
52
Specifically, the Court notes that in the statement of January 12, 2003, a segment of the speech was
omitted from the transcription. Furthermore, the Tribunal verifies that in the description of the statements of
October 4, 2001 and June 9, 2002 presented by the Commission and the representatives, the order of the speech
has been modified. As to the statement of October 4, 2001, even though it was alleged as omitted on October 5,
2001, from the content of the video so furnished, there is evidence proving that it was actually made on October 4,
2001.
53
These documents, presented as exhibits to the State’s brief of October 24, 2008 in this case, are: “Full
Copy of the Official Gazette Number 38.536 of October 4, 2006, that contains the last Act for the Partial
Amendment of the Code of Criminal Procedure […] Full Copy of the Official Gazette Number 5.558 of November 14,
2001, that contains the Code of Criminal Procedure in force in Venezuela at the time of the events […] Full Copy of
the Official Gazette Number 5.208 of January 23, 1998, that contains the Code of Criminal Procedure in force at the
time of the events […] Full Copy of the Official Gazette Number 38.647 of March 19, 2007, that contains the Basic
Law of the Public Prosecutors’ Office in force at the present time , […] Full Copy of the Official Gazette Number
5.262 of September 11, 1998, that contains the Basic Law of the Public Prosecutors’ Office in force at the time of
the events [and] Full Copy of the Official Gazette Number 37.995 of August 5, 2004, that contains the only
Ombudsman Act, in force at the time of the events […]”.
54
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, Merits, supra note 37, para. 76; Case
of Valle Jaramillo et al. v. Colombia, supra note 20 para. 54 and Case of Ticona Estrada v. Bolivia, supra note 44,
para. 31.
55
Cf. Case of “White Van” (Paniagua Morales et al.) v. Guatemala; Reparations and costs; supra note 36,
para. 51; Case of Almonacid Arellano et al., supra note 27, para. 69; and Case of Servellón García et al. v.
Honduras, supra note 36, para. 35.
56
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 33, para. 130.