6
also ensure legal certainty and procedural balance among the parties.5 These
proceedings, as they are before an International Court and because they deal with
human rights violations, are more flexible and informal than those before domestic
venue in the countries.6 Furthermore, the Court has taken into account that
international jurisprudence, deeming that international courts have the authority to
appraise and assess the evidence in accordance with the rules of competent analysis,
has avoided rigidly establishing the quantum of evidence required to substantiate a
judgment.7
24.
Based on the above, the Court will now examine and assess the set of items
that constitute the body of evidence in this case, in accordance with the principles of
competent analysis within the applicable treaty framework.
A) DOCUMENTARY EVIDENCE
25.
Together with the application brief, the Inter-American Commission submitted
documentary evidence, for which purpose it included several annexes (supra para.
8).8
26.
Together with their brief containing pleadings, motions, and evidence, the
representatives of the victim and his next of kin submitted several annexes as
documentary evidence (supra para. 9).9
27.
The State sent the brief filing its preliminary objections and its response to
the application, and it attached several annexes as documentary evidence (supra
para. 10).10
28.
On March 11, 2004 the Commission submitted the statements of Oscar
Ernesto Reyes and Mario Alcides Polanco Pérez, both rendered before a notary public
(affidavits). The Court will now summarize the pertinent parts of said statements.
5
See Case of Maritza Urrutia, supra note 2, para. 48; Case of Myrna Mack Chang, supra note 2,
para. 120; and Case of Bulacio, supra note 2, para. 42.
6
See Case of Maritza Urrutia, supra note 2, para. 48; Case of Myrna Mack Chang, supra note 2,
para. 120; and Case of Bulacio, supra note 2, para. 42.
7
See Case of Maritza Urrutia, supra note 2, para. 48; Case of Myrna Mack Chang, supra note 2,
para. 120; and Case of Bulacio, supra note 2, para. 42.
8
See Annexes 1 to 26 of the application brief by the Inter-American Commission filed on July 30,
2003 (leaves 557 to 776 of the file with annexes to the application).
9
See Annexes 1 to 10 of the brief containing pleadings, motions, and evidence of the
representatives of the victim and his next of kin filed on October 6, 2003 (leaves 778 to 876 of the file
with annexes to the brief containing pleadings, motions, and evidence of the representatives of the victim
and his next of kin).
10
See Annexes 1 to 4 of the State’s brief filing preliminary objections and responding to the
application, filed on November 6, 2003 (leaves 330 to 336 of the file with preliminary objections, possible
merits and reparations, Volume II).
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