5
22.
On March 29, 2005, the State appointed Murilo Vieira-Komniski, Renata Lúcia
de Toledo-Pelizón, Carolina Campos de Melo and Cristina Timponi-Cambiaghi as
deputy attorneys-in-fact.
23.
On May 6, 2005, the representatives and the Commission filed written
arguments on the preliminary objection filed by the State. The representatives stated
that the objection filed by the State was absolutely untimely and should not be
considered by the Court. On the other hand, the Commission affirmed that “[…]
there are no reasons why the admissibility issue should be reopened and [that the
Court] should dismiss the objection filed by the State; or, in the alternative, […] that
the decision on admissibility made by the Commission in the instant case conforms
to the applicable rules of the Convention and, therefore, the objection made by the
State must be dismissed.”
24.
On September 22, 2005, the President issued an Order requiring Milton
Freire-Pereira, a witness for the representatives; and José Jackson-Coelho-Sampaio,
Pedro Gabriel Godinho-Delgado, Braz Geraldo Peixoto, Jurandir Freire-Costa,
Domingos Sávio do Nascimento-Alves, Benilton Becerra-Júnior and Luís Fernando
Farah-Tófoli, witnesses for the State, to render their testimony through affidavits.
The President further ordered Eric Rosenthal and João Baptista Breda, expert
witnesses proposed by the Commission, and Dalmo de Abreu-Dallari, expert witness
proposed by the representatives, to render their expert opinions in the form of
affidavits. The President granted a term extending to October 24, 2005 to the parties
so that they could submit their affidavits. Furthermore, in the above-mentioned
Order, the President summoned the Commission, the representatives and the State
to a public hearing to be held at the seat of the Inter-American Court as of
November 30, 2005, to hear their final oral arguments on the preliminary objection
and possibly on the merits, reparations and indemnities, as well as the testimony of
Irene Ximenes-Lopes-Miranda and Francisco das Chagas-Melo, witnesses for the
Commission; João Alfredo Teles, witness for the representatives; Luiz Odorico
Monteiro de Andrade and Emilio de Medeiros-Viana, witnesses for the State; and
Lídia Dias-Costa, expert witness proposed by the representatives. Finally, by this
Order, the Court informed the parties that January 9, 2006 would be the final bar
date to submit their final written arguments regarding the preliminary objection and
possibly on the merits of the case, reparations and indemnities.
25.
On October 13, 2005, the State notified the appointment of Milton NunesToledo-Junior as new agent to act for Virgínia Charpinel-Junger-Cestari.
26.
On October 24, 2005, the Commission filed the expert opinion by Eric
Rosenthal rendered before notary public. On October 27, 2005, the Commission
notified its intention not to file the expert opinion of João Batista-Breda.
27.
On October 27, 2005, the State filed affidavits with the testimony of José
Jackson Coelho-de-Sampaio, Braz Geraldo Peixoto, Domingos Sávio do NascimentoAlves and Luís Fernando Farah-de-Tofóli. The State further informed that Emilio de
Medeiros-Viana was disqualified to render testimony since Brazilian laws “prohibit
judges from making comments about any matter pending under their jurisdiction”
and submitted an affidavit on his behalf. Consequently, the State requested that
Gabriel Godinho-Delgado be allowed to substitute for Emílio de Medeiros-Viana, so
that the former stands as witness at the public hearing. Lastly, the State notified its
intention not to file the testimonies of Jurandir Freire-Costa and Benilton BecerraJúnior.