-38evidence they will tender. Furthermore, the Court or the President of the Court,
exercising their discretionary authority under Article 45 of the Rules of Procedure,
may ask the parties to supply additional items, as evidence to facilitate adjudication
of the case, without thereby affording a fresh opportunity to expand or complement
their arguments, unless by express leave of the Court.25
185. The Court has also pointed out before that, in taking and assessing evidence,
the procedures observed before this Court are not subject to the same formalities as
those required in domestic judicial actions and that admission of items into the body
of evidence must be effected paying special attention to the circumstances of the
specific case, and bearing in mind the limits set by respect for legal certainty and for
the procedural equality of the parties. The Court has further taken into account
international precedent, according to which international courts are deemed to have
authority to appraise and assess evidence based on the rules of a reasonable credit
and weight analysis, and has always avoided rigidly setting the quantum of evidence
required to provide the grounds for a decision. This criterion is valid regarding
international human rights courts, which enjoy ample authority to assess the
evidence submitted to them bearing on the pertinent facts, in accordance with the
rules of logic and based on experience.26
186. Based on the above, the Court will now examine and assess the body of
evidence in the instant case, which includes documentary evidence submitted by the
Commission, by the Representatives and by the State, evidence requested by the
Court or the President of the Court, on their own motion, to facilitate adjudication of
the case, and testimonial and expert evidence rendered before the Court at the
public hearing. In doing so, the Court will follow the rules of reasonable credit and
weight analysis, within the applicable legal framework.
A)
DOCUMENTARY EVIDENCE
187. Among the documentary evidence submitted by the parties, the Commission
and the common intervener forwarded written testimonies and an expert opinion, in
compliance with the provisions in the Order of the President of August 1, 2005
(supra para. 51). In addition, the Commission forwarded a written expert opinion
from an expert witness who had been summoned to give his opinion at a public
hearing (supra para. 60 and 61). Such testimonies and expert opinions are
summarized below:
TESTIMONIES
a)
Proposed by the Inter-American Commission
1.
Rogelia Rosario Agüero-Laos, alleged victim
25
Cf. Case of García-Asto and Ramírez-Rojas, supra note 16, para. 83; Case of Palamara-Iribarne.
Judgment of November 22, 2005. Series C No. 135, para. 50; and Case of the “Mapiripan Massacre”, supra
note 16, para 72.
26
Cf. Case of Blanco-Romero et al., supra note 24, para. 39; Case of García-Asto and RamírezRojas, supra note 16, para. 84; and Case of Gómez-Palomino, supra note 21, para. 46.