the State; (d) the way in which the statements and the expert opinions will be
received, and (e) the final oral and written arguments and observations.
A. Expert evidence offered by the Inter-American Commission
7.
Under Article 35(1)(f) of the Rules of Procedure, the Inter-American
Commission is entitled to decide the “possible appointment of expert witnesses” “when
the inter-American public order of human rights is affected in a significant manner,”
and the grounds and purpose must be adequately founded. This provision signifies that
the designation of expert witnesses by the Commission is exceptional, and is subject to
the said requirement, which is not met merely because the evidence that it is intended
to provide relates to an alleged human rights violation. The “inter-American public
order of human rights” must be “affected in a significant manner,” and the Commission
must substantiate this situation.4
8.
In its submission of the case, the Inter-American Commission offered the
opinion of María Laura Lencia as expert evidence; the purpose related to “the role of
military intelligence in the State’s counterinsurgency policy, the existence and
declassification of the Diario Militar [Translator’s note: the name given to a list of 183
people who were disappeared by the Guatemalan security forces between August 1983
and March 1985] and the Historical Archives of the National Police, and their
concealment for many years, from the perspective of the effects on both the right of
access to information and the right of access to justice for the next of kin of the
victims of human rights violations during the internal armed conflict.” In addition, the
Commission offered the expert opinion of Manolo Estuardo Vela Castañeda, the
purpose of which related to “the persecution of student and labor union leaders in the
context of the State’s counterinsurgency policy, the fact that they were viewed as the
`internal enemy’ and, in general, the human rights violations perpetrated against
these groups.”
9.
The State and the representatives did not raise any objection to the offer of
these two expert opinions by the Inter-American Commission.
10.
This President notes that the expert opinions offered by the Commission do not
address issues of inter-American public order, since they do not refer to the interest of
the parties in dispute, or to the State concerned, but rather, on the one hand, refer
specifically to the role of military intelligence in Guatemala and the declassification of
military information and the difficulty of access to this by the next of kin of victims of
human rights violations during the Guatemalan armed conflict and, on the other hand,
to the alleged context of the counterinsurgency policy in Guatemala and the human
rights violations allegedly perpetrated against student and labor union leaders in that
country (supra considering paragraph 8).
11.
Consequently, the expert opinions of Mr. Vela Castañeda and Ms. Lencia,
proposed by the Inter-American Commission, are not admitted.
B. Statement of Velia Muralles Bautista and the Commission’s request
to pose questions
4
Cf. Case of Pedro Miguel Vera Vera et al. v. Ecuador. Order of the President of the Inter-American
Court of Human Rights of December 23, 2010, ninth considering paragraph, and the Case of Pacheco Teruel
et al. v. Honduras. Order of the President of the Inter-American Court of Human Rights of January 27, 2012,
third considering paragraph.
4