the armed conflict, such as the forced disappearance of Edgar Fernando García.” In
addition, the expert opinion will refer to “the efforts made by the State to guarantee
access to information by means of the country’s historical archives.”
20.
The President considers that Mr. Álvarez Bobadilla will refer to facts and
circumstances of which he is aware in relation to the purpose of his statement; namely
with regard to the processes related to the disappearance of the presumed victim in
this case and the historical archives in Guatemala. Consequently, it is appropriate to
receive his statement as a witness. Based on the above, the President will determine
the purpose of both testimonies and the way in which they will be received in the
operative paragraphs of this Order (infra operative paragraph 5).
D. Method of presentation of the statements and expert opinions
21.
It is necessary to ensure the most extensive presentation of facts and
arguments by the parties in relation to everything that is pertinent to the settlement of
the matters in dispute, guaranteeing them the right to defend their respective
positions. At the same time, the Court’s ability to examine adequately the cases
submitted to its consideration must be guaranteed, bearing in mind that their number
has increased considerably and is growing constantly. In addition, a reasonable time
must be ensured for the duration of the proceedings, as required by effective access to
justice. Based on the foregoing, the greatest number possible of testimonies and
expert opinions must be received by affidavit, and the presumed victims, witnesses
and expert witnesses heard in a public hearing, since their direct statements are truly
essential, taking into consideration the circumstances of the case and the purpose of
the testimony and opinions.
D.1. Statements to be rendered as affidavits
22.
Bearing in mind the provisions of Article 50(1) of the Rules of Procedure, the
observations of the representatives and the State, the purpose of the statements
offered, and the principle of procedural economy, the President considers it desirable
to receive, by affidavit, the statement of Alejandra García Montenegro, presumed
victim, proposed by the representatives, and the testimony of Manuel Giovanni
Vásquez Vicente, proposed by the State. The President recalls that Article 50(5) of the
Court’s Rules of Procedure establishes the possibility that the presumed victims or
their representatives and the State may provide a list of questions to ask those
persons called upon to provide affidavits.
23.
Under the provisions of the said Rules of Procedure, the President proceeds to
grant the State and the representatives an opportunity to present, if they so wish, any
questions they deem pertinent to the deponents of the other party mentioned in the
preceding paragraph. When preparing their affidavits, the presumed victim and the
witness must respond to these questions, unless the President rules otherwise. The
corresponding time frames will be established in the second operative paragraph of
this Order. These statements will be forwarded to the Inter-American Commission, the
representatives, and the State. In turn, the State and the representatives may present
any observations they deem pertinent within the time frame indicated in this Order
(infra operative paragraph 4). The Court will determine the probative value of the said
statements at the appropriate opportunity, taking into account all the points of view, if
applicable, expressed by the representatives and the State in exercise of their right of
defense.
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