matters, guaranteeing the parties both the right to defend their respective positions and the
possibility of adequately examining the cases submitted to the consideration of the Court,
bearing in mind that their number has grown considerably and is increasing constantly.
Likewise, it is necessary to ensure a reasonable term for the duration of the process, as
required for effective access to justice. It is therefore essential to obtain as many witness
statements and expert reports as possible through affidavits rendered before a notary
public, and to hear those alleged victims, witnesses and expert witnesses at a public
hearing whose direct testimony is truly indispensable, taking into consideration the
circumstances of the case and the object of the statements and expert opinions.
d.1) Statements and expert reports to be rendered before a notary
public
24.
Bearing in mind the provisions of Article 50.1 of the Rules, the indications of the
Commission and the representatives in their definitive lists of declarants, the object of the
statements offered, as well as the principle of procedural economy, the President deems it
appropriate to receive, through affidavits rendered before a notary public, the statements of
Juan Bautista Márquez Argueta, Sofía Romero Pereira, Sonia Tobar, Antonia Guevara Díaz,
Juan Antonio Pereira Vigil, Eduardo Concepción Argueta Márquez, Saturnino Argueta Claros,
José Pablo Díaz Portillo, proposed by the representatives; the joint expert opinion of Luis
Fondebrider, Silvana Turner and Mercedes C. Doretti; and the expert opinion of Father
David Scott Blanchard, proposed by the representatives, together with the expert opinion of
Tal Linda Ileen Simmons, offered by the Commission. The President recalls that Article 50.5
of the Rules of the Court makes provision for alleged victims or their representatives and
the State to formulate questions in writing to be answered by persons summoned to render
a statement before a notary public.
25.
In application of the aforementioned provision, the President proceeds to grant an
opportunity for the representatives and the State to submit, if they so wish, any questions
they consider pertinent to the declarants and expert witnesses named in the preceding
paragraph. In rendering their statements before a notary public, the declarants and the
expert witnesses shall answer these questions, unless the President orders otherwise. The
relevant deadlines shall be specified infra, in the second and third operative paragraphs of
this Order. The aforementioned statements and expert opinions shall be transmitted to the
Commission, the State and the representatives. The State and the representatives, in turn,
may submit any observations deemed pertinent within the period indicated in the operative
part of this Order (infra operative paragraph 4). The Court shall assess the value of this
evidence in due course, taking into account the points of view, if any, expressed by the
State and the representatives in the exercise of their right to defense, within the context of
the existing body of evidence and according to the rules of sound judgment.
d.2) Statements and expert opinions to be received at a public
hearing
26.
Given that the Court records in the instant case are ready for the opening of the oral
proceedings on the merits and possible reparations and costs, the President deems it
appropriate to convene a public hearing to receive the statements of Dorila Márquez de
Márquez, María del Rosario López Sánchez, María Margarita Chicas Márquez, as well as the
expert opinions of Salvador Eduardo Menéndez Leal and María Sol Yáñez de la Cruz, all
proposed by the representatives.
d.3) Request by the Inter-American Commission to formulate
questions for the expert witnesses offered by the representatives
8