Resumen

GARCIA CHAVARRIA, Ana Belem. Debates on the Evidence in the Litigation before the Inter-American Court. Anu. Mex. Der. Inter [online]. 2019, vol.19, pp.293-325.  Epub 11-Mayo-2020. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2019.19.13326.

In the proceedings before the Inter-American Court, neither the principle of presumption of innocence, in dubio pro reo, nor the standard of proof beyond all reasonable doubt, which normally apply to the accused in criminal proceedings to establish his guilt or innocence, play any significant role. Before the Inter-American Court, it is sufficient that, by means of the doctrine of the dynamic burden of proof and in accordance with the rules of sound criticism, one reaches a conviction about the veracity or credibility of the facts. This article examines and answers some criticisms that are imputed to the Tribunal related to its standard of proof. By offering these answers, a systematization is presented that articulates the criteria used by the Court and makes its decisions understood.

Palabras llave : assessment of the test; standard of proof of a violation of human rights; rules of sound criticism; litigation before the Inter-American Court.

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