13
38.
The Tribunal observes that some documents mentioned by the parties in their
corresponding briefs were not presented as evidence. In this case they are
documents corresponding to international or local organisms or organizations that
have an electronic link to a webpage.23 In principle, it corresponds to the parties to
enclose with their respective main briefs all documentation they expect be
considered evidence, so that it is known by the Tribunal and the other parties
immediately. However, as has been stated previously by the Court,24 with regard to
the receipt and assessment of the evidence, the proceeding followed before it is not
subject to the same formalities as domestic judicial actions, and 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. Taking into
account the aforementioned, the Court considers that legal security and the
procedural balance is not affected in those cases in which a party provides at least
the direct electronic link to the document mentioned as evidence, since this would
make it possible for the Tribunal and the other parties to locate it immediately. Since
the parties have had the possibility to object this type of documents in the present
case and the Court has had access to the same and has considered them
appropriate, they are accepted and included in the case file.
VI
ARTICLES 4 (RIGHT TO LIFE),25 5 (RIGHT TO HUMANE TREATMENT),26 7
(RIGHT TO PERSONAL LIBERTY),27 8(1) (RIGHT TO A FAIR TRIAL),28 19
23
Quoted by the Commission: Report of the Commission of Historical Explanation (hereinafter
“CEH”), Guatemala, Memorias del Silencio, available at http://shr.aaas.org/guatemala/ceh/gmds_pdf/;
Report of the Inter-Diocese Project “Recovery of Historic Memory” of the Human Rights Office of the
Archbishopric
of
Guatemala:
Guatemala,
Nunca
Más,
available
at
http://www.odhag.org.gt/INFREMHI/INDICE.HTM. Inter-American Commission of Human Rights, Report
on
the
situation
of
human
rights
in
Guatemala
in
the
years
1983,
available
at
1993,
available
at
http://www.cidh.org/countryrep/Guatemala83sp/indice.htm;
http://www.cidh.org/countryrep/Guatemala93sp/indice.htm; Special report on the situation of the human
rights of the so-called “Communities of Populations in Resistance" of Guatemala 1994, available at
http://www.cidh.org/countryrep/CPR.94sp/Indice.htm; ODHAG, Report “Hasta Encontrarte: Niñez
Desaparecida por el conflicto armado interno en Guatemala”, 2000, page 29, available at
http://www.odhag.org.gt/Informe%20Ninez%20Desaparecida/hasta%20encontrarte%20contenido.pdf;
and Report on the disappearance of María Tiu Tojín and her one-month old daughter, María Josefa Tiu
Tojín. Amnesty International, January 29, 1991, AMR Index 34/05/91/s, available at
http://web.amnesty.org/library/print/ESLAMR340051991.
Cfr. Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of
February 2, 2001. Series C No. 72, para. 71; Case of the Miguel Castro Castro Prison v. Peru. Merits,
Reparations, and Costs. Judgment of November 25, 2006. Series C No. 160, para. 184; and Case of Escué
Zapata v. Colombia. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 165, para. 26.
25
Article 4. Right to Life
[…]
1. Every person has the right to have his life respected. This right shall be protected by law and, in
general, from the moment of conception. No one shall be arbitrarily deprived of his life. […]
24
26
Article 5. Right to Humane Treatment
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All
persons deprived of their liberty shall be treated with regard for the inherent dignity of the human person.
[…]
27
Article 7. Right to Personal Liberty
1. Every person has the right to personal liberty and security.