9
44.
According to the practices of the Tribunal, at the beginning of each procedural
stage the parties must state, on the first opportunity given to them to go on record
in writing, the evidence they will offer. Also, in exercise of the discretional powers
contemplated in Article 45 of its Rules of Procedures, the Court or its President may
request additional evidentiary elements to the parties as evidence to facilitate
adjudication of the case, without this turning into a new opportunity to extend or
complement the allegations, unless the Tribunal allows it expressly.4
45.
The Court has pointed out, with regard to the receipt and assessment of the
evidence, that the proceeding followed before them is not subject to the same
formalities as domestic judicial actions, and that the incorporation of certain
elements into the body of evidence must be done paying special attention to the
circumstances of the specific case and taking into account the limits imposed by the
respect to legal security and the procedural balance of the parties. The Court has
also taken into account that international jurisprudence, when it considers that
international courts have the power to appraise and assess the evidence according to
the rules of competent analysis, has not established a rigid determination of the
quantum of the evidence necessary to substantiate a ruling. This criterion is
especially valid for international human rights tribunals that have, for the effects of
determining the international responsibility of a State for the violation of a person’s
rights, ample powers in the assessment of the evidence presented before them
regarding the relevant facts, pursuant to the rules of logic and based on experience.5
46.
Based on the aforementioned, the Court will proceed to examine and assess
the set of elements that make up the body of evidence of the case within the
corresponding legal framework.
A) Documentary Evidence
47.
Among the documentary evidence presented by the parties, the Commission,
and the representatives there are the sworn statements offered by the alleged victim
and the expert witnesses before a notary public (affidavits), pursuant to that stated
by the President in Judgment of April 28, 2005 (supra para. 23). The Tribunal
considers it appropriate to summarize below the relevant parts of said statements:
a)
Affidavit of Mr. Fermín Ramírez, alleged victim
He has been en three Criminal centers: the Granja Canadá, Sector 11 of Zone
18, and “el Infiernito”, where he is currently located.
The cell he was assigned to in Sector 11 was of three by two meters, with a
two and a half meter patio and a one and a half meter bathroom. This cell
only had one window though which he received his food, which was of bad
quality. Due to the size of the place it was not possible to exercise and he
4
Cfr. Case of the Serrano Cruz Sisters, supra note 3, para. 32; Case of Lori Berenson Mejía, supra
note 3, para. 63; and Case of Molina Theissen. Reparations (Art. 63(1) American Convention on Human
Rights). Judgment of July 3, 2004. Series C No. 108, para. 22.
5
Cfr. Case of Caesar, supra note 3, para. 42; Case of the Serrano Cruz Sisters, supra note 3, para.
33; and Case of Lori Berenson Mejía, supra note 3, para. 63.
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