II PROCEEDINGS BEFORE THE COURT 5. Notification to the State and to the representatives. The case submitted by the Commission was notified to the State and the representatives on September 11, 2014. 6. Brief of pleadings, motions and evidence. On November 11, 2014, the representatives of the presumed victims (hereinafter “the representatives”) filed their brief of pleadings, motions and evidence (hereinafter “pleadings and motions brief”),5 in the terms of Articles 25 and 40 of the Rules of Procedure. The representatives agreed substantially with the arguments and conclusions reached by the Commission and, in addition, they requested access to the Victims’ Legal Assistance Fund of the Court (hereinafter “Legal Assistance Fund”). 7. Answering brief. On January 12, 2015, the State submitted a brief with its preliminary objection, answer to the application and with observations to the pleadings and motions brief (hereinafter “answering brief”), in the terms of Articles 41 and 42 of the Rules. 6 8. Victims’ Legal Assistance Fund. In an Order of January 28, 2015, the President admitted the request filed by the representatives for an alleged victim to have access to the Victims’ Legal Assistance Fund and approved the financial assistance necessary for the presentation of a statement by Mrs. Marta María Gantenbein Chinchilla de Aguilar, as appropriate, either at a hearing or by affidavit.7 Subsequently, in a decision of May 12, 2015, the President ordered financial assistance to cover the travel and accommodation expenses necessary for the alleged victim to testify at the hearing (infra para.10). 9. Observations on the preliminary objection. On February 13 and 14, 2015, the Commission and the representatives, respectively, presented their observations on the preliminary objection filed by the State. 10. Public hearing and expert and testimonial evidence. In an Order of May 12, 2015, the parties and the Commission were summoned to a public hearing so that the Court could receive the statements of a presumed victim (offered by the representatives) and of an expert witness (proposed by the Commission), as well as the final oral arguments of the representatives and the State and the final oral observations of the Commission on the preliminary objection and possible merits and reparations. The President also required the statements rendered by affidavit, of a witness (proposed by the State) and two expert witnesses (proposed by the Commission). 8 On June 15, 2015, the Court received these statements, having granted the parties an opportunity to formulate questions to the deponents9 and having announced that it was not appropriate to grant the Commission’s The brief was signed by Luisa María Leiva Mazariegos and Mario Ernesto Archial Ortiz, of the “Institute for Comparative Studies in Criminal Sciences of Guatemala,” in representation of Marta María Gantenbein Chinchilla de Aguilar, Luz de María Juárez Chinchilla and Luis Mariano Juárez Chinchilla, children of the presumed victim, María Inés Chinchilla Sandoval. 5 On September 26, 2014, the State designated Rodrigo José Villagrán Sandoval as Agent and Steffany Rebeca Vásquez Barillas as Alternate Agent. 6 Cf. Case of Chinchilla Sandoval et al. v. Guatemala. Order of the President of the Inter-American Court of January 28, 2015. Available at: http://www.corteidh.or.cr/docs/asuntos/chinchilla_fv_15.pdf 7 Cf. Case of Chinchilla Sandoval et al. v. Guatemala. Order of the President of the Inter-American Court of May 12, 2015. Available at: http://www.corteidh.or.cr/docs/asuntos/chinchilla_12_05_15.pdf 8 9 Only the State forwarded questions for the expert witnesses. 6