D.2. Statements to be received at a public hearing
24.
This case is now ready for the opening of the oral proceedings with regard to
the preliminary objection, merits, reparations and costs; hence, the President finds it
pertinent to convene a public hearing to receive the statement of a presumed victim,
Nineth Varenca Montenegro Cottom, together with the testimony of Velia Muralles
Bautista, proposed by the representatives, and the testimony of Marco Tulio Álvarez
Bobadilla, proposed by the State.
E. Final oral and written arguments and observations
25.
The representatives and the State may submit to the Court their respective
final oral arguments on the preliminary objection, the merits and the possible
reparations and costs in the instant case, when the statements by the presumed victim
and the witnesses have concluded. As established in Article 51(8) of the Rules of
Procedure, the Inter-American Commission will present its final oral observations when
the arguments have concluded.
26.
In accordance with Article 56 of the Rules of Procedure, the presumed victims
or their representatives, the State, and the Commission may present their final written
arguments and final written observations, respectively, with regard to the preliminary
objection, the merits and the possible reparations and costs, within the time frame
established in the thirteenth operative paragraph of this Order.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with Articles 24(1) and 25(2) of the Statute of the Court and with
Articles 4, 15(1), 26(1), 31(2), 35(1), 40(2), 41(1), 45, 46, 50 to 56, and 60 of its
Rules of Procedure,
DECIDES:
1.
To require, for the reasons given in this Order (supra considering paragraph
22), in accordance with the principle of procedural economy and in exercise of the
authority vested in him under Article 50(1) of the Rules of Procedure of the Court, that
the following persons provide their statements by affidavit:
Presumed victim proposed by the representatives
1)
Alejandra García Montenegro, who will declare about: the facts of the instant
case, inter alia, the presumed harm to her family as a result of the alleged
forced disappearance of her father, Edgar Fernando García, and the efforts she
has made before Guatemalan courts of justice in order to discover his
whereabouts.
7