7
Leonardo Jun Ferreira-Hidaka, and Lilly Ching; b) For the representatives: James
Louis Cavallaro and Fernando Delgado, and Renata Verônica Côrtes de Lira and
Deborah Popowski; c) For the State: Milton Nunes de Toledo-Junior, Francisco
Soares Alvim-Neto, Christiano Sávio Barros-Figuerôa, Alfredo Schechtmann and
Alexandre Pinto-Moreira, and Maria Luiza Ribeiro-Viotti, Carolina Campos de Melo,
Renata Lucia de Toledo-Pelizon and Márcia Adorno-Ramos. The public hearing
comprised two parts. During the first part of the public hearing, the State, the
Commission and the representatives referred to the preliminary objection filed by the
State.
35.
On November 30, 2005, the Court rendered Judgment on the Preliminary
Objection, whereby it decided:
1.
To dismiss the preliminary objection filed by the State concerning the lack of
exhaustion of domestic remedies.
2.
To continue holding the public hearing convened under the Order of the InterAmerican Court of Human Rights dated September 22, 2005, and to proceed with the
procedural stages associated with the merits of the case, the reparations and
indemnities in the instant case.
[…]
36.
The Judgment on the Preliminary Objection was notified to the parties;
afterwards, the public hearing proceeded into the second part. At the beginning, the
State acknowledged its international responsibility for the violation of Articles 4 and 5
of the American Convention in the instant case ( infra paras. 63 and 66). To that
respect, both the Commission and the representatives referred to the
acknowledgment made by the State ( infra paras. 64 and 65). Then, the Court decided
to continue holding the public hearing in order to hear the testimony and expert
opinions of the persons summoned to appear before the Court and hear the final
arguments on the merits, possible reparations and indemnities, taking into account
the acknowledgment of responsibility made by the State. Witness João Alfredo TelesMelo produced some documents during his testimony. Furthermore, during the public
hearing, the representatives and the State furnished some documents.
37.
On December 23, 2005, the Commission filed its final written arguments. On
January 4, 2006, the Commission submitted the exhibits to said arguments and
stated that they contained documents produced after the date of filing of the
application and that, therefore, they must be deemed supervening evidence under
Article 44(3) of the Rules of Procedure.
38.
On January 9, 2006, the representatives and the State submitted their final
written arguments.
39.
On June 13, 2006, the Secretariat, following instructions of the President
according to Article 45 of the Rules of Procedure, requested the Commission the
representatives and the State to produce evidence to facilitate the adjudication of
the case.
40.
On June 22 and 26, 2006, the Commission and the representatives,
respectively, submitted evidence to facilitate the adjudication of the case. On June
26 and 28, 2006, the State submitted evidence to facilitate the adjudication of the
case.