Traslado de pruebas ante la Corte Interamericana, a la luz del caso del Palacio de Justicia

Abstract

There are several downsides on a court’s use of evidence that was submitted in a previous trial, such as preventing judges from being present when the evidence is rendered. It may also affect the principle of audiatur et altera pars. This article refers to the reuse of evidence that was submitted in a previous trial. Before doing so, it addresses the hypotheses in which−according to the principle of subsidiarity−it is convenient for international courts to evaluate evidence. Subsequently, it refers to this reuse of evidence by the Inter-American Court, particularly in the Rodríguez-Vera v. Colombia case.