8
35.
On October 15, 2002, after being given two extensions, the representatives
submitted their written brief of pleadings and motions wherein they alleged, in
addition to violating the Articles cited by the Commission (supra 2 and 3), that the
State had also violated Article 26 (Progressive Development) of the American
Convention, and Article 2 (Domestic Legal Effects) thereof. The representatives also
petitioned the Court to order the State to adopt certain measures of reparations and
to reimburse costs and expenses.
36.
On November 19, 2002, the Commission sent the “combined chart” of the
alleged victims in the case mentioned in its September 19, 2002 note (supra para.
34).
37.
On November 14, 2002, the State asked the Court to order the Commission
to provide certain minutes of the hearings it (the Commission) had held on the case.
On December 5, 2002, the Secretariat asked the State to explain the reason why it
wanted the Commission to be instructed to provide the minutes of the hearings and
what the necessity was. In a communication of that same date, the State argued
that the minutes in question accurately reflected the positions of the parties.
38.
On December 13, 2002, the State, after being granted four extensions, filed
preliminary objections, answered the application, and presented its observations on
the brief of pleadings and motions. The State’s preliminary objections were as
follows: 1) a legal defect in the presentation of the application; 2) failure to
previously assert violation of Article 26 of the Convention; and 3) the existence of
two complaints, one in a domestic court and another in an international court, with
identical subjects, object and cause of action.
39.
After having been granted three extensions, on February 21, 2003 the
Commission presented its observations on the brief of pleadings and motions filed by
the representatives on October 15, 2002 (supra para. 35). In that same submission,
the Commission also presented its comments on the preliminary objections raised by
the State on December 13, 2002 (supra para. 38). The Commission provided
appendixes with that brief.
40.
On February 24, 2003, the representatives sent new copies of the illegible or
incomplete pages in the appendixes to its brief of pleadings and motions (supra para.
35).
41.
On January 9, 2004, the Commission designated Mrs. Lilly Ching as a legal
advisor, in place of Mrs. Mary Beloff.
42.
On March 2, 2004, the President issued an order in which, pursuant to Article
47(3) of the Rules of Procedure, he instructed the following persons to make their
statements in the presence of a person with legal authority to authenticate
documents and statements (affidavits):
i.
the witnesses offered by the Inter-American Commission: Walter
Javier Riveros Rojas, Osmar López Verón, Pablo Emmanuel Rojas, Antonio
Delgado, Francisco Ramón Adorno, Raúl Ramírez Bogado and Jorge Bogarín
González;
ii.
the witnesses offered by the representatives: Arsenio Joel Barrios
Báez, Clemente Luis Escobar González, Hugo Antonio Vera Quintana,