The basis of the claim and the evidence provided to support it are similar to those provided in respect of the first claim unit.

Notice to produce

On the basis of the evidence provided by the claimant, the loss is compensable.

A failure to provide the file could constitute prima facie evidence of deliberate and knowing failure to provide redress.

Iraq stated that the claimant did not provide proof of his alleged personal losses.

Excluded from this table are organizations that either did not provide data on the staffing of their procurement services or that provided data which proved difficult to verify.

By the end of October 2004, public security organs had registered 249 pornography related cases and successfully prosecuted 244 of them, resulting in the closure of 1,302 offending websites.

It was reported that during his hearing, Mr. Zhang was not allowed to have a lawyer, to rebut the Commission's evidence, or to present evidence in his own defence.

The authors allege that they offered to adduce evidence to the appeal court, in order to discharge this burden of proof (they had not adduced any below, because the trial judge found that the State carried this onus, and had not discharged it).

On that basis, the Panel reduced the extent of the peripheral areas and the areas damaged by roadways.

The State party notes that the authors have not claimed that they had no possibility to submit all the evidence.

The Trial Court based its order on such assessment of evidence, although it had not even been offered as evidence by the prosecution, and the author had no opportunity to defend himself against the charge.

This assessment is corroborated by evidence gathered from survivors of the militia attacks on villages.

What type of documentation and information should be provided to indigenous communities?

(c) No person shall be arrested solely on the basis of evidence provided by a person already detained.

The Panel finds that the evidence provided to support this claim unit is not sufficient to demonstrate the circumstances of the loss claimed.

He declined to do so, preferring instead to obtain a judgement that he could appeal.

As the President has reported, the Government continues to cooperate with the Tribunal in respect of seeing to the availability of witnesses as well as in regard to documentary evidence.

However, the Panel finds that submission of the banknotes alone is insufficient to prove the loss, as the Panel also requires credible evidence of loss and causation.

(a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences established in accordance with this Convention

With regard to the 45 square kilometres of roads that Saudi Arabia excluded from restoration because of their continued use by herders, the Panel considers that Saudi Arabia's decision has resulted in benefits instead of losses to Saudi Arabia.

The Supreme Court, after having evaluated all evidence before it, concluded that there were no new circumstances or evidence presented by the authors that would likely have led to a different result.

The Panel requested that she provide banking records documenting withdrawals or transfers of this magnitude in the relevant time period, however, she did not do so.

The Panel, therefore, finds that Iran has not provided sufficient evidence to demonstrate the circumstances and the amount of the losses claimed.

Such documentary evidence should be provided free of charge, or for a minimal fee.

Substantive issues Assessment of facts and evidence by the domestic courts

The Panel notes that most of the evidence provided by the Palestinian claimant was original while the Kuwaiti claimant provided copies only.

Nearly three months of the seven month trial were devoted to the presentation of evidence by the defence, including video depositions taken by the defence in Cuba.

After having declined the Superior Court's invitation, he again sought to add evidence before the Court of Appeal, which denied the application on behalf as the new evidence was not related to the judicial debate framed by the corporation itself in the lower courts and on appeal.

He supported his claim with invoices, receipts, and audited financial statements.

For a viable verification regime, suitable and sufficient verification evidence needs to be available.

He assured contractors that any data provided for the development of the model would be kept confidential.

(a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences covered by this Convention

It further notes that the author has not presented any evidence as to the needs of his extended family and why they cannot be met.

Iraq states that Iran has not provided sufficient proof that the alleged decrease in shrimp catches is due to the 1991 oil spills.

The Panel also notes that there is evidence that the presence of the refugees resulted in damage to or depletion of rangeland areas that are the subject of this claim.

Some 20 examples of promotional matter for the Caring for Girls campaign have been produced and distributed by the regions, or provinces and entities involved in it, and there have been competitions to produce songs or posters supporting the topic, national publicity campaigns and walkathons to promote Caring for Girls days.

Ms. Schmidt (Germany) said that her delegation had raised the issue of whether it was possible to provide evidence not only of the method used but also of identity and intention.

The claimant did not provide any medical evidence to prove his post traumatic stress disorder or an injury to his wife.

However, the present claim is for damage to cultural heritage property and sites in all areas of Iran.

Traditional approaches used in the Badia to enforce grazing rights may play an important role in such a programme.

The State party further notes that the evidence presented by the author in respect to these claims is very general and not specific to the Hiawatha First Nation, calling into question its reliability.

6.3 The Committee considers that the author has sufficiently substantiated his claims under articles 18, paragraphs 1 and 3, and article 22, paragraphs 1 and 2, for purposes of admissibility. It concludes that the communication is admissible and proceeds to an examination on the merits.

The author contends that the State party has not discharged its burden of providing a plausible alternative explanation, based on independent evidence, to what occurred.

The State party argues that after having received its submissions, the author then made his application to the Ontario Superior Court (see paragraph 5.1) to secure evidence to fill his evidentiary gap before the Committee.