A) Proposed by the representatives
1. Jesús Ollarves Irazábal, professor of Criminal Law and Public International Law and
Human Rights at the Central University of Venezuela and the Andrés Bello Catholic
University of Caracas, who will render an opinion on : a) “the different phases of a
criminal proceeding in Venezuela and its theoretical time frames, according to the
General Criminal Procedural Code, and real time frames, according to forensic
practice, particularly as regards the interval between the presentation of the
charges and the holding of the preliminary hearing”; b) “whether, according to the
Venezuelan legal system, the guarantees of due process enshrined in the
Venezuelan Constitution and in the American Convention on Human Rights are
enforceable during the different phases of a [criminal] proceeding, particularly the
investigation”; c) “the role of the Attorney General’s Office and of the Supervising
Judge in that proceeding”; d) “his opinion […], from the perspective of the conduct
of the criminal proceeding, on the stage at which the Judge must rule on requests
or demands for absolute annulment of the court records of said proceeding, due to
the violation of the defendant’s human rights”; e) “the nature and effects of the
amnesty in Venezuela, according to its general legal system and its connection with
Decree 5790, Special Amnesty with the Scope, Value and Force of Law.”
B) Proposed by the State :
2. Octavio José Sisco Ricciardi, lawyer, “co-author of the Code of Ethics of Venezuelan
Judges”, who shall render an expert opinion on “the Judicial Disciplinary System in
Venezuela; historical background [; c]omparison between the previous disciplinary
system and the system established in the new Constitution of the Bolivarian
Republic of Venezuela of 1999[; c]onsiderations on the Code of Ethics of
Venezuelan Judges, explaining the differences between both systems and
Comparative Law.”
6.
To require the Bolivarian Republic of Venezuela to facilitate the exit from and
entrance into its territory of the deponents and expert witnesses, if they reside or are
present therein, and who have been summoned by this Order to render their statements
at the public hearing regarding the preliminary objection and possible merits, reparations
and costs in this case, under the terms of Article 26(1) of the Court’s Rules of Procedure.
7.
To require the representatives, the State and the Inter-American Commission to
serve notice of this Order to the persons they have proposed and who have been
summoned to render a statement, in accordance with Article 50(2) and 50(4) of the Rules
of Procedure.
8.
To inform the representatives, the State and the Inter-American Commission that
they must cover the costs incurred in providing or rendering the evidence proposed by
them, pursuant to Article 60 of the Rules.
9.
To require the representatives, the State and the Inter-American Commission to
inform the persons summoned to testify and render expert opinions that, pursuant to
Article 54 of the Rules, the Court shall bring to the State’s attention the cases in which the
persons summoned to appear or testify before this Court fail to do so, or refuse to testify
without legitimate cause or who, in the opinion of the Court, have violated their oath or
solemn declaration, so that appropriate action may be taken under the relevant domestic
legislation.
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