The right to present evidence is a component of the right to file a complaint. However, it is apparent from Articles 6.3, 6.6, and 6.9 that the right to present evidence may in fact be limited. Thus, there is no provision for a meaningful right to present evidence and a complainant may become limited to the “evidence” presented in the complaint. The complainant is told to provide a “brief description” in the complaint (Article 6.3), while at the same time having no solid guarantee of the right to present evidence in support of the complaint at a public hearing. This puts a complainant in a difficult position. It is also contrary to the principle of equality before courts and tribunals. “The principle of equality between parties applies also to civil proceedings, and demands, inter alia, that each side be given the opportunity to contest all the arguments and evidence adduced by the other party.”[18]
