4.
The Order of the President of the Court of December 1, 2011 regarding the
representatives’ request to have recourse to the Victims’ Assistance Fund (supra Having
seen 3).
5.
The brief in response to the case submitted and observations to the brief of
pleadings and motions (hereinafter also the “response brief”) submitted by the Republic of
El Salvador (hereinafter “El Salvador” or “the State”) on December 26, 2011, in which the
State acknowledged its responsibility and stated that, by virtue of this, it was “not […]
present[ing] the list of declarants and expert witnesses contemplated in Article 41.1, letters
b and c of the Rules.”
6.
The briefs of February 10, 2012, in which the Commission and the representatives,
respectively, presented their observations to the State’s acknowledgement of responsibility.
7.
The notes of the Secretariat of February 16, 2012, in which, following the
instructions of the President and in accordance with Article 46.1 of the Rules of the Court
applicable to the present case (hereinafter “the Rules”)2, the representatives and the
Commission were asked to submit, by February 22, 2012 at the latest, their respective
definitive lists of proposed declarants (hereinafter “definitive lists”), in order to schedule the
public hearing in the instant case. Likewise, in accordance with the principle of procedural
economy and pursuant to Article 46 of the Rules, the representatives and the Commission
were asked to indicate which of the declarants offered could render their statements
through affidavits before a notary public, and which of the declarants should be summoned
to testify at a public hearing.
8.
The briefs of February 17 and 22, 2012, in which the Inter-American Commission
and the representatives, respectively, submitted their definitive lists. The Commission
confirmed its offer, requested that two of the expert opinions be received at a public hearing
and stated that the three expert opinions proposed would significantly affect the InterAmerican public order, under the terms of Article 35.1.f of the Court’s Rules. The
representatives requested the substitution of one of the declarants offered, and asked that
the Court receive three statements and one expert opinion at a public hearing. Regarding
another expert opinion, they indicated that this could also be received at a public hearing.
9.
The notes of the Secretariat of February 27, 2012, in which the definitive lists were
transmitted to the parties and they were informed that, under the terms of Article 46 of the
Rules and following the instructions of the President, they had been granted a period of 10
days, as of receiving the aforesaid definitive lists, to present any observations deemed
pertinent.
10.
The briefs of March 5, 6 and 8, 2012 submitted by the State, the representatives and
the Commission, respectively. The State of El Salvador indicated that it “h[ad] no
observations to make” to the definitive lists of declarants submitted by the representatives
of the alleged victims and by the Commission. For their part, the representatives considered
it important that the expert opinions which the Commission has requested to be rendered at
a public hearing, are received by that means, given the significance of the matters under
consideration. In its brief, the Commission stated that it had no observations to make to the
representatives’ definitive list of declarants. Likewise, it requested “the opportunity to
formulate questions, verbally or in writing, insofar as these are relevant and reasonable, to
two of the expert witnesses offered by t [he] representatives whose statements are related
2
Rules approved by the Court in its Eighty-fifth Ordinary Period of Sessions held from November 16 to 28,
2009.
2