witnesses whose direct testimony is truly indispensable at a public hearing, taking into
account the circumstances of the case and the object of the testimonies and expert
opinions.
K.1)
Statements and expert opinions to be rendered by affidavit
97.
Bearing in mind the provisions of Article 50(1) of the Rules, the indications of the
Commission, the representatives and the State in their definitive lists of deponents and in
their complementary briefs (supra Having Seen 13, 15 and 18), the object of the
statements offered, as well as the principle of procedural economy, the President deems it
appropriate to receive, through affidavits rendered before a notary public, the statements
specified in Operative Paragraph 1 of this Order.
98.
The President recalls that Article 50(5) of the Rules of the Court contemplates the
possibility that alleged victims or their representatives and the State may submit a list of
questions for deponents who have been summoned to render their statements through
affidavits. In application of this provision, the President proceeds to grant an opportunity
for representatives of the alleged victim and the State to submit, if they so wish, any
questions they consider pertinent to the deponents and the expert witnesses mentioned in
Operative Paragraph 1 of this Order. In rendering their statements by affidavit, the
deponents shall answer those questions, unless the President decides otherwise. The
statements and expert opinions shall be transmitted to the Commission, the State and the
representatives. In turn, the State and the representatives may submit any observations
considered pertinent within the terms specified below, in Operative Paragraphs 2, 3 and 4
of this Order. The Court shall assess the evidentiary value of these statements in due
course, taking into account the points of view, as appropriate, expressed by the State and
the representative’s parties in exercise of their right to defense.
K.2)
Statements and expert opinions to be received at a public hearing
99.
Given that the Court records in the instant case are ready for the opening of the
oral proceedings on the preliminary objection and possible merits, reparations and costs,
the President deems it appropriate to convene a public hearing to receive: the witness
statement
of the alleged victim
Allan Randolph Brewer Carías, proposed by his
representatives; the witness statement of Leon Enrique Cottin, proposed by
the
representatives; the witness statements of Julián Isaías Rodríguez, Ángel Alberto Bellorín,
Néstor Castellanos and Mercedes Prieto, proposed by the State; the expert opinion of
Jesús Ollarves Irazábal, proposed by the representatives, and the expert report of Octavio
José Sisco Ricciardi, proposed by the State.
L) Final oral and written arguments and observations
100. The representatives and the State may submit to the Court their final oral
arguments regarding the preliminary objection and possible merits, reparations and costs
in this case, respectively, once the statements and expert opinions have been presented.
As established in Article 51(8) of the Rules, once the arguments have concluded, the
Inter-American Commission shall present its final oral observations.
101. According to Article 56 of the Rules, the alleged victims or their representatives,
the State and the Commission may submit their final written arguments and final written
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