10
April 6, 2004, the State sent the originals of the statements that it had sent by fax
on March 31, 2004, and enclosed copies of two books.24
46.
On April 2, 2004, the Commission presented the affidavits of the witnesses
and experts it had offered (supra para. 42). On April 5, 2004, the Commission resubmitted the affidavits and stated that “for reasons of force majeure” it had been
unable to obtain sworn statements from witnesses Walter Javier Riveros Rojas, Pablo
Emmanuel Rojas and Antonio Delgado. It also enclosed a video of the testimony
given by Messrs. Francisco Ramón Adorno, Osmar López Verón and Raúl Guillermo
Ramírez Bogado, and another with the testimony of Jorge Bogarín González and
expert witness Carlos Arestivo. The Commission informed the Court that the affidavit
of Mr. Jorge Daniel Toledo would be sent by the representatives. On April 7, 2004,
the Commission sent the originals of the statements it had sent by facsimile on April
2, 2004. The representatives did not file any comments with regard to those
statements.
47.
On April 7, 2004, the President decided not to authorize the State’s request
that some of its witnesses and experts be permitted to appear at the public hearing
(supra para. 45), as the President deemed it unnecessary.
48.
On April 18, 2004, the representatives informed the Court that Mr. Eduardo
Gallardo was unable to provide an expert opinion. They also reported that Mrs.
Liliana Tojo would be joining the team of representatives at the public hearing. They
further reported that witnesses Pedro Iván Peña and Raúl Esteban Portillo, former
inmates at the Center, would be unable to attend the public hearing. They therefore
begged the Court’s permission to present a video at that hearing where the two
young men in question would give their testimony.
On April 21, 2004, on
instructions from the Court, the Secretariat asked the representatives to send the
video so that it might be provided to the other parties, in order that they, in turn,
might make whatever comments they deemed pertinent. That way, the video would
not have to be shown during the public hearing.
On April 26, 2004, the
representatives sent the testimony of Raúl Esteban Portillo and Pedro Iván Peña,
both in writing and on video. Those statements were not made in the presence of a
person authorized by law to authenticate documents and statements (infra para. 72).
On May 18, 2004, the Commission informed the Court that it had no comments with
regard to those statements. On June 10, 2004, the State informed the Court that it
was reserving the right to comment on these pieces of testimony when it presented
its final written submissions.
49.
On April 19, 2004, the representatives reported that they did not, for the
moment, have any clarification or observation on the affidavits given by the
witnesses and experts at the Office of the Chief Government Notary of the Republic
of Paraguay and submitted by the State (supra para. 45).
50.
On April 21, 2004, the Commission informed the Court that “for reasons of
force majeure,” witnesses Miguel Ángel Coronel Ramírez and César Fidelino Ojeda
Acevedo would not be appearing at the hearing.
51.
On April 27, 2004, the State presented its comments on the affidavits
presented by the Commission (supra para. 46) and by the representatives (supra
24
“Anteproyecto Código de Ejecución Penal para la República del Paraguay” and “La Protección
Jurídica en el Ámbito Carcelario Paraguayo”.