4
PROCEEDINGS BEFORE THE COURT
7.
The Commission’s application was notified to the State4 and to the
representative on September 28, 2007. During the proceedings before this Tribunal,
the President of the Court (hereinafter, the “President”) ordered to receive, by
means of affidavits5 the testimonies of four people and the expert opinions of three
people6 proponed by the Inter-American Commission and the representative, as well
as the expert opinion of one person proposed by the representative only; in turn, the
parties had the opportunity to present observations thereto. Furthermore, taking into
account the special circumstances of the case, the President summoned the InterAmerican Commission, the representative and the State to a public hearing in order
to hear the statement rendered by one alleged victim. On July 17, 2008, the State
filed a brief containing observations to the affidavits presented by the Commission
and the representatives and, among other things, objected to the aspects contained
therein and requested the Court to order an addendum to said testimonies, sending
a questionnaire of ten questions to such end. On July 18, 2008, this Secretariat,
following the instructions of the President, requested the Commission and the
representative to file observations to such request, which were received on July 25
and 29, 2008, respectively. On August 1, 2008, by means of a communication of the
Secretariat, following the instructions of the President, the parties were advised that
“once the statements and the expert opinions rendered by means of affidavits are
received, they are forwarded to the parties in order for them to present the
corresponding observations, preserving, in this way, the right to defend. Said
statements are considered documentary evidence. In the instant case, the State
exercised said right by means of the observations filed on July 17, 2008”.
Furthermore, in such communications it was pointed out that “having obtained such
statements, which were received at the Secretariat [...] the President deem[ed] the
request made by the [...] State to be untimely".
8.
Said public hearing was held on August 13, 2008 during the XXXV Period of
Extraordinary Sessions of the Court in the city of Montevideo, Uruguay7. To this
hearing, there appeared: a) on behalf of the Inter-American Commission: Luz
Patricia Mejía, Delegate, and Manuela Cuvi, advisor; b) on behalf of the
representatives: Waldo Albarracín Sánchez, Ombudsman of Bolivia, Marcelo Claros
Pinilla and Fernando Zambrana Sea, advisors; and c) on behalf of the State:
Ambassador Martín Callisaya Coaquira, Agent; Víctor Montecinos, Deputy Agent;
Zahir Ferrufino, Chief of the Defense Unit and Internacional Legal Representation;
Yovanka Oliden, Minister Advisor, Embassy of Bolivia to Costa Rica; Iván Morales,
General Director of Legal Affairs; Ministry of Justice and Human Rights; Luis Rojas,
responsible of the International Legal Representation’s Division; Mónica Alvarez,
Responsible of the Human Rights Division; Fiorella Caldera, Lawyer of the Human
Rights Division; Dora Villaroel, President of the Superior Court of the District of La
Paz; Blanca Alarcón, officer of the Third Criminal Chamber of the District of La Paz;
and María Eugenia Iriarte, District Prosecutor of the District of La Paz.
4
When the application was served on the State, the State was informed on the right to appoint a
judge ad hoc in order to participate in the consideration of the case. Nevertheless, the State did not make
use of such right.
5
Order of the President of June 9, 2008.
6
On June 26, 2008, the representative informed that the expert opinion of Mr. Róger Cortéz
Hurtado could not be handed down and waived the right to present such opinion.
7
Order of the Court of August 8, 2008.