11.
In their definitive list, the representatives requested that the testimony of Mr. Pedro
Chicas Romero be replaced by that of Mrs. Dorila Márquez de Márquez, under the terms of
Article 49 of the Rules, given that Mr. Chicas Romero is unable to render his statement for
medical reasons. A medical certificate was also submitted to justify said request. According
to the representatives, both individuals have the same qualities and the object of the
original statement offered would be respected. Neither the State nor the Commission
presented any observations to this request.
12.
As to the request for the substitution of a declarant, pursuant to Article 49 of the
Rules, the Court may accept such a replacement “exceptionally”, “upon receiving a wellfounded request” and “after hearing the opinion of the opposing party,” as long as the
“replacement is identified” and “always respecting the object of the [… ] expert opinion
originally offered.”
13.
The President confirms that, in their definitive list, the representatives modified the
content of said statement to include “the facts of the massacre and its consequences.”
Notwithstanding this, the President considers that in this case Mr. Chicas Romero’s inability
to appear before the Court, which the representatives offered as grounds for their request,
is sufficiently proven. Given that the parties have been granted the right to submit their
observations regarding this request and have not raised any objection; that the
representatives have named the substitute declarant who will render a statement, and, in
light of the points mentioned in Considering paragraph 10 supra on the object of the
statements, pursuant to Article 49 of the Rules, the President decides to admit the
substitution proposed by the representatives and, therefore, admits the statement of Mrs.
Dorila Márquez de Márquez. The value of this testimony shall be considered in due course,
taking into account the existing body of evidence and the rules of sound judgment.
Likewise, the object and the procedure to be followed shall be specified in the operative part
of this Order (infra operative paragraph 5).
c)
Admissibility of the expert evidence offered by the Inter-American
Commission
14. In its presentation of the case, the Inter-American Commission offered three expert
opinions. According to the information provided by the Commission, these expert opinions
would be rendered by: a) Juan Ernesto Méndez on “[t]he context of the armed conflict in El
Salvador, especially at the time to which the facts of the case refer. The testimony will refer
to the human rights violations that occurred during that time, including the mass and
indiscriminate attacks against the civilian population and the modus operandi used during
the tierra arrasada (‘scorched earth’)” operations; b) Michael Reed Hurtado on “the General
Amnesty Law for the Consolidation of Peace, its background, scope and effects as a factor in
the impunity of crimes against humanity committed during the armed conflict by the
Salvadoran Armed Forces. Also, the testimony will refer to the attempts at interpretation by
the Supreme Court of Justice, the effects of such interpretations, as well as the internal
mechanisms to render ineffective the aforementioned Law”, and c) Tal Linda Ileen Simmons
on “internationally accepted parameters to be observed in the conduct of exhumations in
cases such as this, as well as an analysis of the exhumations conducted internally in light of
these standards.”
c.1)
Extemporaneous offer
15.
In submitting the case to the Court, the Commission offered three expert opinions,
and indicated their object but did not identify one of the expert witnesses proposed. This
point was brought to the attention of the Commission in a note from the Secretariat on
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