23
paragraph 5, the government has not provided the pertinent information, as long
as other evidence does not lead to a different conclusion.
Because the Government did not object here to the use of this legal presumption in the
proceedings before the Commission and since the Government fully participated in these
proceedings, Article 42 is irrelevant here.
VIII
140. In the instant case, the Court accepts the validity of the documents presented by the
Commission and by Honduras, particularly because the parties did not oppose or object to those
documents nor did they question their authenticity or veracity.
141. During the hearings, the Government objected, under Article 37 of the Rules of Procedure,
to the testimony of witnesses called by the Commission. By decision of October 6, 1987, the
Court rejected the challenge, holding as follows:
b.
The objection refers to circumstances under which, according to the
Government, the testimony of these witnesses might not be objective.
c.
It is within the Court's discretion, when rendering judgment, to weigh the
evidence.
d.
A violation of the human rights set out in the Convention is established by
facts found by the Court, not by the method of proof.
f.
When testimony is questioned, the challenging party has the burden of
refuting that testimony.
142. During cross-examination, the Government's attorneys attempted to show that some
witnesses were not impartial because of ideological reasons, origin or nationality, family relations,
or a desire to discredit Honduras. They even insinuated that testifying against the State in these
proceedings was disloyal to the nation. Likewise, they cited criminal records or pending charges
to show that some witnesses were not competent to testify (supra 86, 88, 90, 92, 101, 110 and
116)
143. It is true, of course, that certain factors may clearly influence a witness' truthfulness.
However, the Government did not present any concrete evidence to show that the witnesses had
not told the truth, but rather limited itself to making general observations regarding their alleged
incompetency or lack of impartiality. This is insufficient to rebut testimony which is fundamentally
consistent with that of other witnesses. The Court cannot ignore such testimony.
144. Moreover, some of the Government's arguments are unfounded within the context of
human rights law. The insinuation that persons who, for any reason, resort to the Inter-American
system for the protection of human rights are disloyal to their country is unacceptable and cannot
constitute a basis for any penalty or negative consequence. Human rights are higher values that
"are not derived from the fact that (an individual) is a national of a certain state, but are based
upon attributes of his human personality" (American Declaration of the Rights and Duties of Man,
Whereas clauses, and American Convention, Preamble).