Witness proposed by the State
1)
Manuel Giovanni Vásquez Vicente, who will testify about: the steps taken by the
State to investigate, try and punish those responsible for the alleged forced
disappearance of Edgar Fernando García, and the search for his mortal remains.
2.
To require the State and the representatives to forward, if they consider it
appropriate and within the non-extendible time frame that expires on March 28, 2012,
the questions they deem pertinent to pose, through the Inter-American Court, to the
presumed victim and the witness of the other party, indicated in the first operative
paragraph of this Order. The statements required in the first operative paragraph must
be submitted to the Court by April 20, 2012, at the latest.
3.
To require the representatives and the State to coordinate and take the
necessary steps to ensure that, when the questions have been received from the other
party, the deponents they have proposed include the answers in their respective
statements provided by affidavit, in accordance with considering paragraph 23 of this
Order.
4.
To stipulate that, when the testimonies required in the first operative paragraph
have been received, the Secretariat of the Inter-American Court must forward them to
the other parties so that, if they deem necessary, the State and the representatives
may present their observations on these statements, at the latest, with their final
written arguments.
5.
To convene the Republic of Guatemala, the representatives of the presumed
victims, and the Inter-American Commission on Human Rights to a public hearing to
be held on April 26, 2012, starting at 9 a.m., during its forty-fifth special session in
Guayaquil, Ecuador, in order to receive their final oral arguments and final oral
observations, respectively, on the preliminary objection, the merits and the possible
reparations and costs, as well as the statements of the following persons:
Presumed victim proposed by the representatives
1)
Nineth Varenca Montenegro Cottom, who will declare about: the facts of this
case, inter alia, the alleged refusal of the State of Guatemala to provide
information that establishes the whereabouts of her husband, and the supposed
unjustified delay in prosecuting those who masterminded the presumed victim’s
disappearance.
Witnesses
A) Proposed by the representatives
1) Velia Muralles Bautista, who will testify about the findings in the Historical
Archive of the National Police regarding the alleged forced disappearance of
Edgar Fernando García.
B) Proposed by the State
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