46
at a conclusion on the veracity of the facts alleged, taking into account the object
and purpose of the American Convention.9
89.
So as to obtain the greatest possible number of items of evidence, this Court
has been very flexible in admitting and evaluating them, following the rules of logic
and based on experience. A criterion which has already been mentioned and applied
previously by the Court is non-formalism in evaluation of evidence. The procedure
established for contentious cases before the Inter-American Court has its own
characteristics that differentiate it from that which is applicable in domestic legal
processes, as the former is not subject to the formalities of the latter.
90.
For this reason, “competent analysis” and the non-requirement of formalities
in admission and evaluation of evidence are fundamental criteria for its evaluation,
as evidence is assessed rationally and as a whole.
91.
The Court will now assess the value of the items of evidence tendered by the
parties in the instant case.
*
*
*
92.
Regarding the documentary evidence tendered by the Commission and by the
State, which was neither disputed nor challenged, nor were questions raised on its
authenticity, this Court attaches legal value to that evidence and admits it into
evidence in the instant case.
93.
The documents “Awas Tingni. An Ethnographic Study of the Community and
its Territory”, prepared by Theodore Macdonald in February, 1996; “Ethnographic
expert opinion on the document prepared by Dr. Theodore Macdonald”, written by
Ramiro García Vásquez, and several maps of the territory occupied by the Awas
Tingni Community, were challenged as regards their content. The Court takes into
account the various positions of the parties regarding said documents; nevertheless,
the Court believes it useful to admit them into evidence in the present case.
94.
Regarding the newspaper clippings tendered by the Commission, the Court
believes that even though they are not properly documentary evidence, they can be
appraised insofar as they reflect publicly or well-known facts, statements by highlevel State agents, or corroborate what is established in other documents or
testimony received during the proceedings.10
95.
The documents tendered by Marco Antonio Centeno Caffarena on November
21, 2000, at the public hearing, were assessed by the Court, and in its Order of
November 24, 2000, this Court admitted into evidence, pursuant to article 44 of its
Rules of Procedure, two of the eight documents he submitted (supra paras. 63, 64
and 79).
96.
The document “General diagnostic study of land tenure in the indigenous
communities of the Atlantic Coast”, prepared by the Central American and Caribbean
9
cfr. Ivcher Bronstein Case. Judgment of February 6, 2001. C Series No. 74, para. 69; “The Last
Temptation of Christ” (Olmedo Bustos et al.). Judgment of February 5, 2001. C Series No. 73, para. 54;
and Baena Ricardo et al. Judgment of February 2, 2001. C Series No. 72, para. 70.
10
cfr. Ivcher Bronstein case, supra note 9, para. 70; Baena Ricardo et al. case, supra note 9, para.
78; and Constitutional Court case, Decision of January 31, 2001. C Series No. 71, para. 53.