10
all the documentation that they wish to submit as evidence, so that the Tribunal and the
other parties can learn from those documents immediately. Nevertheless, the Court has
pointed out before that, in admitting 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 the admission of certain items into the body of evidence must be
made 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 for the parties.17
Taking into consideration the above mentioned, the Court considered that neither the legal
certainty nor the procedural balance has been impaired in the cases in which one of the
parties provides, at least, the direct electronic link to the document that such party
mentions as evidence, since it can be immediately traced by the Court and the other
parties. However, when dealing with documents from international organizations as the
Inter-American Commission or the Organization of American States and its different
agencies, or documents from international or domestic organizations or public institutions
that can be located by the Tribunal and the other parties through the Internet or other
media, the Tribunal has the authority to decide whether to admit them in the records of the
case, if it thinks will be useful for the adjudication of the particular case, except one of the
parties objects. This is one of the powers of the Tribunal, but it is not an obligation since, as
has been already said, it is the parties' duties to submit to the Court the documents that
they intend to use as evidence. Given the fact that the parties have had the chance to
object to these kinds of documents in the present case and the Court has had access to
such documents and has considered them as timely submitted, they are hereby admitted to
the records of the case. Finally, if the parties do not submit the documents they quoted in
their respective briefs and the Tribunal cannot locate them, they will not be admitted into
the body of evidence and the Court hereby declares with respect to the documents
mentioned in the point c) of this paragraph.
27.
The State objected the statement rendered by Mrs. Etelvina Zapata on October 17,
2002, in the public hearing before the Commission. To such respect, the State pointed out
that “her narration of the facts is not consistent with her written and oral statements
rendered under oath in another opportunity.” Furthermore, the State objected “the two
rulings of the United Nations High Commissioner for Human Rights, corresponding to the
years 2005 and 2006 and the 2004 Report of the Special Rapporteur for human rights and
fundamental liberties of the indigenous peoples provided as exhibits to the [...] brief of the
representatives," since "it contains new facts, that occurred 16, 17 and 18 years after the
facts of the case recognized by the State." Finally, the State objects “the certificate issued
by the Indigenous Governor of Jambaló Cabildo, dated August 31, 2006[;], the certificate of
ACIN Asociación de Cabildos Indígenas del Norte del Cauca' (Association of Indigenous
Cabildo of the North of Cauca), dated August 30, 2006, [and] the extrajudicial statements
rendered by Julio Albeiro Pasu Zapata and Mario Pasu [dated] August 30, 2006,” where it is
confirmed that Mr. Germán Escué Zapata was a Cabildo Governor. The Tribunal admits this
Modernidad”, ICAN, 2000; MARTINAT LEPILLIEZ, Françoise. Les stratégies politiques et juridiques des leaders
indigènes de la Colombie et du Venezuela. Universidad de Lille 2, dissertation in political sciences, September of
2003; AGUDELO ALVARADO, Carlos Efrén. Populations Noires et politique dans le Pacifique colombien: paradoxes
d’une inclusion ambiguë, dissertation in sociology, University of Paris III, Instituto de Altos Estudios sobre América
Latina IHEAL, París, October 22, 2002; Nacional History Archive. Tierras del Cauca, Volume 3; CASTAÑO, William;
LONDOÑO, Edgar; and ROLDÁN ORTEGA, Roque; “ARCHIVO CENTRAL DEL CAUCA, Government Reports 1871-1894
and Reports of 1873”; GARCÍA ANTONIO. Critical Introduction to the Legislation of Indigenous People. Edition of
1951; La Différence, Balland, París, 2001.
17
Cf. Case of Baena-Ricardo et al. v. Panama. Judgment of February 2, 2001. Series C No. 72, para. 71 and
76; Case of the Miguel Castro-Castro Prison v. Peru, Judgment of November 25, 2006. Series C No. 160, para.
184; and Case of Almonacid-Arellano et al. v. Chile, supra note 16, para. Judgment on Preliminary Objections,
Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 154, para. 69.