21
b.
Some documents purport to show that no civil suit had been brought to
establish a presumption of the death of Manfredo Velásquez; and,
c.
Other documents purport to prove that the Supreme Court of Honduras
received and acted upon some writs of habeas corpus and that some of those
writs resulted in the release of the persons on whose behalf they were brought.
121. The record contains no other direct evidence, such as expert opinion, inspections or
reports.
VII
122. Before weighing the evidence, the Court must address some questions regarding the
burden of proof and the general criteria considered in its evaluation and finding of the facts in the
instant proceeding.
123. Because the Commission is accusing the Government of the disappearance of Manfredo
Velásquez, it, in principle, should bear the burden of proving the facts underlying its petition.
124. The Commission's argument relies upon the proposition that the policy of disappearances,
supported or tolerated by the Government, is designed to conceal and destroy evidence of
disappearances.
When the existence of such a policy or practice has been shown, the
disappearance of a particular individual may be proved through circumstantial or indirect evidence
or by logical inference. Otherwise, it would be impossible to prove that an individual has been
disappeared.
125. The Government did not object to the Commission's approach. Nevertheless, it argued
that neither the existence of a practice of disappearances in Honduras nor the participation of
Honduran officials in the alleged disappearance of Manfredo Velásquez had been proven.
126. The Court finds no reason to consider the Commission's argument inadmissible. If it can
be shown that there was an official practice of disappearances in Honduras, carried out by the
Government or at least tolerated by it, and if the disappearance of Manfredo Velásquez can be
linked to that practice, the Commission's allegations will have been proven to the Court's
satisfaction, so long as the evidence presented on both points meets the standard of proof
required in cases such as this.
127. The Court must determine what the standards of proof should be in the instant case.
Neither the Convention, the Statute of the Court nor its Rules of Procedure speak to this matter.
Nevertheless, international jurisprudence has recognized the power of the courts to weigh the
evidence freely, although it has always avoided a rigid rule regarding the amount of proof
necessary to support the judgment (Cfr. Corfu Channel, Merits, Judgment, I.C.J. Reports 1949;
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States
of America), Merits, Judgment, I.C.J. Reports 1986, paras. 29-30 and 59-60).
128. The standards of proof are less formal in an international legal proceeding that in a
domestic one. The latter recognize different burdens of proof, depending upon the nature,
character and seriousness of the case.
129. The Court cannot ignore the special seriousness of finding that a State Party to the
Convention has carried out or has tolerated a practice of disappearances in its territory. This