9
39.
The Court has also pointed out before that, in taking 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 admission of items into the body
of evidence must be effected 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 of the parties. The Court has further taken into account
international precedent, according to which international courts are deemed to have
authority to appraise and assess evidence based on the rules of a reasonable credit
and weight analysis, and has always avoided rigidly setting the quantum of evidence
required to reach a decision. This criterion is valid with respect to international
human rights courts, which enjoy ample authority to assess the evidence submitted
to them bearing on the pertinent facts, in accordance with the rules of logic and
based on experience.5
40.
Based on the above, the Court will now examine and assess the body of
evidence in the instant case, which includes documentary evidence submitted by the
Commission, by the Representatives and by the State, evidence requested by the
Court or the President of the Court, on their own motion, to facilitate adjudication of
the case, and testimonial and expert evidence rendered before the Court at the
public hearing. In doing so, the Court will follow the rules of reasonable credit and
weight analysis, within the applicable legal framework.
A)
DOCUMENTARY EVIDENCE
41.
The Representatives submitted witness statements and an expert report in
accordance with the President’s Order dated February 1, 2005 (supra para. 21).
Said statements and opinion are summarized as follows:
STATEMENTS
a)
Statement by Kevin Daniel Gutiérrez-Niño, Wilson GutiérrezSoler’s son
When he was a little boy, he lived in Colombia with his mother and
grandmother and occasionally met with his father without understanding why
they lived apart from each other. He has been recently revealed how much
his father had suffered in Colombia. He misses his paternal aunts, uncles and
cousins and has memoirs of his childhood. He has resided in the United
States since he was seven years old. Between the ages of seven and twelve,
he only saw his father once, in a trip to Bogotá. “It’s been very hard to live
apart from my father, but after a couple of years I got accustomed to it.”
A few years ago, his father moved to the United States and now he feels
happy to live and share moments with him. The witness believes that if
nothing had occurred to his father, he would have been living in Colombia
with his family.
5
Cf. Case of Acosta Calderón, see supra note 3, para. 42; Case of YATAMA, see supra note 3,
para. 108; and Case of Fermín Ramírez, see supra note 3, para. 45.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents