8
thereto (supra paras. 21 and 27, infra para. 42), as well as arguments by the InterAmerican Commission and by the State.
32.
On April 12, 2005, the State, the Commission and the Representatives
submitted their closing written arguments.
33.
On August 4, 2005, the Secretariat, in pursuance of instructions by the
President, requested the State to furnish certain information as evidence to facilitate
adjudication of the case.
34.
On August 30, 2005, the State submitted documentary evidence to facilitate
adjudication of the case, in response to the written requirement addressed by the
President on August 4, 2005 (supra para. 33).
V
PROVISIONAL MEASURES
35.
On March 11, 2005, after hearing the statements by Wilson and Ricardo
Gutiérrez-Soler (infra para. 42), as well as the closing oral Argument by the InterAmerican Commission, by the Representatives and by the State, the Court decided
to order that the State adopt provisional measures in order to protect the lives, the
personal integrity and the personal liberty of several individuals.2
VI
EVIDENCE
36.
Before examining the evidence tendered the Court will state, in the light of
the provisions set forth in Articles 44 and 45 of the Rules of Procedure, a number of
points arising from precedents established in the court itself, and applicable to the
instant case.
37.
Evidence is governed by the adversary principle, which embodies due respect
for the parties’ right to defense. This principle underlies Article 44 of the Rules of
Procedure, inasmuch as it refers to the time when evidence must be tendered, so
that equality among the parties may prevail.3
38.
In accordance with Court practice, at the beginning of each procedural stage,
the parties must state, at the first opportunity granted them to do so in writing, the
evidence they will tender. Furthermore, the Court or the President of the Court,
exercising the discretionary authority under Article 45 of the Rules of Procedure,
may ask the parties to supply additional items, as evidence to facilitate adjudication
of the case, without thereby affording a fresh opportunity to expand or complement
their arguments, unless by express leave of the Court.4
2
Cf. Case of Gutiérrez-Soler. Provisional Measures. Order of the Inter-American Court of Human
Rights of March 11, 2005, available on: www.corteidh.or.cr.
3
Cf. Case of Acosta Calderón. Judgment of June 24, 2005. Series C No. 129, para. 40; Case of
YATAMA. Judgment of June 23, 2005. Series C No. 127, para. 106; and Case of Fermín Ramírez.
Judgment of June 20, 2005. Series C No. 126, para. 43.
4
Cf. Case of Acosta Calderón, see supra note 3, para. 41; Case of YATAMA, see supra note 3,
para. 107; and Case of Fermín Ramírez, see supra note 3, para. 44.
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