24
or at their request12 all supporting evidence required to facilitate the adjudication of
the instant case. In proceedings on violations of human rights this duty is particularly
binding on the State, which is obliged to submit before the Court the evidence which
can only be obtained with its cooperation.13
49.
Furthermore, pursuant to Article 45(1) of the Rules of Procedure, the Court
admits into the body of evidence the following evidence produced in the Case of the
Indigenous Community Yakye Axa, since it is helpful for the adjudication of the instant
case: book titled “II Censo Nacional Indígena de Población y Viviendas 2002. Pueblos
Indígenas del Paraguay. Resultados finales” [II 2002 National Indigenous Population
and Housing Census]. Indigenous Peoples of Paraguay. Final Results], Dirección
General de Estadísticas, Encuestas y Censos [Bureau of Statistics, Surveys and
Censuses], Paraguay, 2002; book titled “Atlas de las Comunidades Indígenas en el
Paraguay” (Atlas of the Indigenous Communities in Paraguay), Dirección General de
Estadísticas, Encuestas y Censos [Bureau of Statistics, Surveys and Censuses],
Paraguay, 2002; report by Mr. Julio Monzón and Mr. Juan Almeida, addressed to the
President of the Council of the “Instituto Paraguayo del Indígena” [Paraguayan
Institute for Indigenous Affairs] (hereinafter “the INDI”) on August 20, 2001 and
appendixes thereto; report by Mr. Edgar Pessoa and Mr. Juan Almeida, addressed to
the President of the Council of the INDI on September 10, 2001 and appendixes
thereto; report by Mr. Claudio Miltos, addressed to the President of the Council of the
INDI) on November 5, 2001 and appendixes thereto; report by Mr. Christian
Florentín, addressed to the President of the Council of the INDI on February 4, 2002
and appendixes thereto; report by Mr. Juan Almeida, addressed to the President of
the Council of the INDI on April 5, 2002 and appendixes thereto; report by Mr.
Christian Florentín, addressed to the President of the Council of the INDI on July 22,
2002 and appendixes thereto; report by Mr. Christian Florentín, addressed to the
President of the Council of the INDI on July 29, 2002 and appendixes thereto; and
report by Mr. Christian Florentín, addressed to the President of the Council of the INDI
on September 9, 2002. Likewise, the Court admits the documents listed below as it
deems them helpful for the adjudication of the instant case: press release No. 23/99
issued by the Inter-American Commission on Human Rights on July 30, 1999,
regarding the visit in loco made to Paraguay and report on the situation of human
rights in Paraguay issued by the Inter-American Commission on Human Rights on
March 9, 2001.
*
50.
Among the facts alleged by the Inter-American Commission and subscribed by
the representatives, and which have been challenged by the State, is the death of
several members of the Sawhoyamaxa Community as a consequence of their
allegedly precarious living conditions and the causes thereof. Both the Commission
and the representatives grounded their allegations regarding this fact mainly on the
medical and health report by Mr. Pablo Balmaceda-Rodríguez (supra para. 34(h)).
12
Cf. Case of Gómez-Palomino v. Perú. Judgment of November 22, 2005, Series C No. 136, para.
52; Case of Yean and Bosico Children. Judgment of September 8, 2005. Series C No. 130, para. 89, and
Case of YATAMA, supra note 8, para. 134.
13
Cf. Case of Gómez-Palomino v. Perú, supra note 12, para. 52; Case of Acosta-Calderón.
Judgment of June 24, 2005, para. 47, and Case of YATAMA, supra note 8, para. 134.