6
informative purposes and the expert report rendered by Mr. Javier Cabanillas
Reyes and Flavia Marco Navarro, respectively. On that same day, the
representative presented observations to the last two statements.
9.
On January 21, 2009 the public hearing was held, within the framework of
the LXXXII Ordinary Period of Sessions of the Court.9
10.
On February 23, 2009 the Commission, the State and the representatives
submitted, respectively, their final written arguments on the preliminary objection
and the merits, reparations and costs. Given that the State and the
representatives forwarded documentary evidence with the final arguments, the
Court requested the parties to present observations to said Appendixes by means
of note of March 11, 2009. On March 20, 2009 the Commission pointed out that
"it ha[d] no observation to make" in relation to the evidence tendered by the
State and by the representatives with their corresponding briefs of final
arguments. The State and the representative presented no observations in such
regard.
11.
On March 30, 2009 the representative was requested to forward to the
Tribunal the receipts and evidence related to the costs and expenses mentioned
in appendix 5 of the brief of pleadings and motions in the instant case. On April
20, 2009 the representative requested an extension of 30 days to present said
evidence, which was granted by the President of the Court. On May 28, 2009, the
representative requested "an extension of 30 additional days" to present said
evidence. In that regard, the President of the Tribunal established a new time
limit, until June 12, 2009, for the representative to present said documentation.
On June 17, 2009 the representative indicated that it had sent a “list of
expenses” by post and on June 22 and 23, 2009 it presented the appendixes
mentioned in said communication by electronic mail. The Court established a time
limit until June 29, 2009 for the State and the Commission to present the
observations thereto. On June 30, 2009 the State forwarded the respective
observations. By the time of the delivery of this Judgment, the Tribunal has still
not received the observations of the Commission.
III
PRELIMINARY OBJECTION RATIONE MATERIAE
12.
In the brief of response to the petition, the State asserted that the lacks
competence ratione materiae to hear the case at hand. In the brief of final
arguments, the State explained that the preliminary objection is based on “the
Court’s lack of competence in matters concerning the alleged violation to the right
9
The following persons appeared before the public hearing: a) on behalf of the Inter-American
Commission: Elizabeth Abi-Mershed, Deputy Secretary, Juan Pablo Albán, advisor, Lilly Ching Soto and
Silvia Serrano, both specialists of the Executive Secretary; b) on behalf of the alleged victims and the
representative: Javier Mujica Petit, representative of the alleged victims; Isabel Zoila Acevedo León,
alleged victim and president of the National Association of Discharged and Retired Employees of the
Comptroller General of the Republic ; Luis Adolfo Olaechea Granda, alleged victim and vice-president
of the National Association of the Discharged and Retired Employees of the Comptroller General of the
Republic and María Cristina Bacigalupo de Salgado, allegad victim and Advisor to the Board of the
National Association of Discharged and Retired Employees of the Comptroller General of the Republic
and c) on behalf of the State: Delia Muñoz Muñoz, Supranational Special Attorney General of the Legal
Defense System of the State; Rosa María Silva Hurtado, Technical Secretary of the Legal Defense
Council of the State; Edgar Alarcón Tejada, General Manager of the Legal Defense Council of the State
and Héctor Maldonado Montalvo, Deputy Attorney General of the Comptroller General of the Republic .