7.
The Secretariat’s notes of November 29, 2011, whereby, inter alia, on the
instruction of the President, and in accordance with Article 46(1) of the Rules of
Procedure of the Court3 (hereinafter “the Rules of Procedure”), it asked the State, the
Commission and the representatives to forward, by December 9, 2011, at the latest,
their respective definitive lists of deponents (hereinafter “definitive lists”) and, for
reasons of procedural economy, to indicate which deponents could provide their
testimony or expert opinions by affidavit, and which of them should be called to testify
at a hearing.
8.
The briefs of December 9 and 12, 2011, whereby the representatives and the
Inter-American Commission, respectively, forwarded their definitive lists. The
Commission confirmed the two proposed expert witnesses, requesting the appearance
of María Laura Lencia at a public hearing and of Manolo Estuardo Vela Castañeda by
affidavit, and advised of certain circumstances relating to the registration of in-coming
communications, due to which there had been a delay in sending its brief. The
representatives forwarded the curriculum vitae of the expert witness they had
proposed, and confirmed the two statements and the expert opinion proposed in their
pleadings and motions brief. However, they did not indicate who could testify by
affidavit and who should appear at a hearing.
9.
The note of the Secretariat on December 15, 2011, placing on record that the
State had not presented its definitive list of deponents, forwarding the definitive lists
to the parties, and advising them that they had until January 9, 2012, to present any
observations they deemed pertinent on the said lists.
10.
The communication of January 3, 2012, whereby the State submitted its
definitive list, and in which it confirmed the proposed expert witness and witness,
requested the appearance of the expert witness at a hearing, and asked that the
testimony of the witness be provided by affidavit. In addition, the State presented its
observations on the representatives’ definitive list and advised that it had not received
the definitive list submitted by the Commission.
11.
The communication of January 9, 2012, in which the Inter-American
Commission indicated that it had no observations to make on the definitive list of
deponents submitted by the representatives, and asked to be allowed to submit
questions to the expert witness they had proposed.
12.
The Secretariat’s note of January 12, 2012, underlining that the presentation of
the State’s definitive list was time-barred and, consequently, that the President of the
Court would be advised of this situation for the pertinent effects; confirming that the
Commission’s definitive list had been duly forwarded to the State in a communication
on December 15, 2012, and placing on record that the representatives had not
submitted observations on the Commission’s definitive list.
13.
The communication of February 9, 2012, in which the State advised that there
had been a problem with the receipt of the definitive list of deponents presented by
the Inter-American Commission.
CONSIDERING THAT:
3
The Rules of Procedure approved by the Court at its eighty-fifth regular session, held from
November 16 to 28, 2009.
2