11
30.
Furthermore, it is worth underscoring that, according to Articles 14 and 42 of
the Rules of Procedure, minutes will be taken of all hearings that are held at the seat
of the Court or away from it, and they will be accompanied by a transcription of all
the statements made during the hearing. This transcription is made available to the
members of the Court before it deliberates, and also to the parties so that they may
correct any possible factual errors. This transcription and a recording of the entire
public hearing allows the judges who so wish to review everything that occurred
during the hearing.
Consequently, although Judge Pacheco Gómez did not
participate in the public hearing, he had detailed information about everything that
happened during the hearing, through the corresponding transcriptions and
recordings.
31.
The State’s agent knows that the transcription of the public hearing was
received by the parties so that they could correct any factual errors on April 7, 2003.
32.
In the instant case, it should be pointed out that the composition specified in
the first part of the judgment corresponds to the members of the Court who
deliberated and decided the Juan Humberto Sánchez case on June 7, 2003, and who
have also been members of this Court since the case was first submitted to it on
September 8, 2001.
33.
In view of the above, the Inter-American Court decides to reject, as
inadmissible, the request for interpretation concerning the composition of the Court,
during the public hearing and when delivering the judgment in this case.
VI
EVIDENCE ASSESSMENT AND THE PROVEN FACTS
Arguments of the State
34.
With regard to the assessment of the evidence and the proven facts, the
State alleged that:
a)
There is little regulation concerning the assessment of the evidence in
either the Rules of Procedure or the Convention, it therefore asserted
that “the freedom to accept the items of evidence must be moderated
by the need to weigh the probative value of each item prudently”;
b)
Some facts supplied by the State that “should have been added to the
body of evidence were bypassed [...] and were not even ruled on.” For
example, the State alleged that there had been a violation of due
process of law and the State’s right to defense because certain facts
set out in the different briefs, including “the post mortem injuries of
the victim that the petitioners believe to be torture, [...and] the
statements of the Sánchez sisters who affirmed vehemently [in the
domestic proceeding] that he had been abducted by individuals from
the ‘other side’ (of the border, and) that his captors were bearded,
masked, (paramilitary) men and not members of the Honduras Army”
were not taken into consideration by the Court;
Costes c. France, Arrêt du 7 octobre 2003, para. 32; and Eur. Court H.R., Case of Edwards and Lewis v.
the United Kingdom, Judgment of 22 July, 2003, para. 52.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents