69.
The Panel is not constrained or limited by the Evidence Act 1950 in the recep�on
of evidence during the Public Inquiry. A flexible approach is taken whereby
evidence which is not usually admi�ed in criminal and civil proceedings may be
received by the Public Inquiry. This is recognised by Sec�on 14(1)(a) and (d) of
the Act where it states “The Commission shall, for the purposes of an inquiry
under this Act, have the power - (a) to procure and receive all such evidence,
wri�en or oral, and to examine all such persons as witnesses, as the Commission
thinks necessary or desirable to procure or examine;” and “(d) to admit
notwithstanding any of the provisions of the Evidence Act 1950 [Act 56], any
evidence, whether wri�en or oral, which may be inadmissible in civil or criminal
proceedings.”
70.
This flexibility is in line with interna�onal standards regarding human rights
inquiries in the following cases:
70.1.
In the case of Bamaca-Velasquez v Guatemala 28 , the Inter-American
Court of Human Rights held:
“97. In an interna�onal tribunal such as the Court, whose
aim. is the protec�on of human rights, the proceeding has
its own characteris�cs that differen�ate it from the
domes�c process. The former is less formal and more
flexible than the la�er, which does not imply that it fails to
ensure legal certainty and procedural balance to the
par�es. This grants the Court a greater la�tude to use logic
and experience in evalua�ng the evidence rendered to it
on the per�nent facts...
"131. Taking this into account, the Court a�ributes a high
proba�ve value to tes�monial evidence in proceedings of
this type, that is, in the context and circumstances of cases
of forced disappearance, with all the a�endant difficul�es,
when, owing to the very nature of the crime, proof
essen�ally takes the form of indirect and circumstan�al
evidence."
28
IACHR Series C No 70 (Official Cita�on) [2000] IACHR 7 (Other Reference) IHRL 1453 ( IACHR 2000) (OUP reference);
IACHR Series C No 91 (Official Cita�on) [2002] IACHR 1 (Other Reference) IHRL 1474 (IACHR 2002) (OUP reference)
107
AMRI CHE MAT
Admissibility of Evidence
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents