request to change the objects of the statements of the proposed expert witnesses. 10 The public
hearing took place on June 22 and 23, 2015, during the Court’s 109 Regular Session, held at
its seat.11 During the hearing, the Judges of the Court requested certain helpful information,
explanations and documentation.
11. Amici curiae. The Court received amicus curiae briefs from the following individuals and
organizations: 1) “The Criminal Policy Research Center” of Universidad Externado de
Colombia; 2) professors and students of the New York University School of Law Clinic on Policy
Advocacy in Latin America; 3) professors and students of the “Legal Clinic on Disability” of the
Pontifical Catholic University of Peru; 4) professors and students of the “Law Clinic, Action
Program for Equality and Social Inclusion (PAIIS)” of the Law Faculty of the University of Los
Andes, Colombia; 5) the law firm ELEMENTA Consultoría en Derechos; 6) Harvard Law School
Project on Disability, and the Center for Justice and International Law (CEJIL).
12. Final written arguments and observations. On July 23, 2015, the parties and the
Commission, respectively, presented their final written arguments and observations. As
annexes to their final written arguments, the parties presented certain documentation. The
President granted a period of time to submit observations on those annexes, which were
received on August 5 and 6, 2015. Given that the term granted to present observations to the
aforementioned documentation did not constitute a new procedural opportunity to submit new
arguments, on August 10, upon the instructions of the President, the Secretariat indicated
that the Court would not consider the content of the briefs of the State and the representatives
that did not refer strictly and specifically to those annexes.
13. Expenses incurred in application of the Legal Assistance Fund. Through a note of the
Secretariat dated September 18, 2015, following the instructions of the President and
pursuant to Article 5 of the Court’s Rules of Procedure on the Operation of the Victims’ Legal
Assistance Fund, a report on disbursements made in application of said Fund was forwarded
to the State, which was granted until October 5, 2015, to submit its observations. On that
date, the State presented its observations and asked the Court not to require it to reimburse
those expenses.
14. Deliberation of the instant case. The Court began its deliberation of this Judgment on
February 26, 2015.
III
JURISDICTION
In a brief dated May 13, 2015, the Commission stated that, by involuntary error, it had changed the order
and correspondence of the objects of the expert opinions proposed in its final list of deponents, and requested that
the expert opinions ordered be rendered according to the objects defined in its brief of September 9, 2014. The
parties were granted an opportunity to submit observations. The State opposed the request. In a note dated May 22,
2015, the Secretariat communicated the President’s instructions not to change the provisions of the Order of May 12,
2015.
10
This hearing was attended by the following: a) for the representatives: Luisa María Leiva Mazariegos and
Mario Ernesto Archial Ortiz; b) for the Inter-American Commission: James Louis Cavallaro, Commissioner, Elizabeth
Abi-Mershed, Deputy Executive Secretary, Silvia Serrano Guzmán and Jorge H. Meza F., lawyers of the Executive
Secretariat; and c) for the State: Rodrigo José Villagrán Sandoval, Agent, and Steffany Rebecca Vásquez Barillas,
Alternate Agent. Video available at http://vimeopro.com/corteidh/hearing-publica-case-chinchilla-sandoval-y-othervs-guatemala-22-y-23-de-junio-de-2015
11
7