8
23.
In a communication received by the Court on July 20, 1999, Bolivia appointed
Gastón Ríos Anaya as its agent. On July 22, 1999, the State rectified its previous
communication and advised that it was appointing Gastón Ríos Anaya as judge ad
hoc and Fabián Volio Echeverría as agent. On July 27, 1999, Bolivia submitted Mr.
Ríos Anaya’s curriculum vitae.
24.
On August 20, 1999, on the President’s instructions, the Secretariat sent a
note to Gastón Ríos Anaya, informing him that it had observed from his curriculum
vitae that, at that time, he was Legal Advisor to the Ministry of the Presidency of the
Republic. Accordingly, based on Articles 18 and 19 of the Statute of the Court
(hereinafter “the Statute”), in order to ensure the transparency of the proceeding
and pursuant to the Statute, it requested him to advise whether, due to the exercise
of this position, he was a member or official of the executive branch of government,
and whether he was subject to any kind of hierarchical subordination within the
executive branch.
25.
On August 26, 1999, Mr. Ríos Anaya sent a communication in which he
indicated that he had performed the function of Legal Advisor to the Ministry of the
Presidency of the Republic until the first quarter of 1998 and that, at that time, he
was not “subject to any kind of hierarchical subordination within the executive
branch”; he attached a certification confirming this fact. He also stated that “he
ha[d] no incompatibility, impediment or disqualification for the position.”
26.
On September 7, 1999, Bolivia presented a brief in which it indicated that
Gastón Ríos Anaya had resigned as judge ad hoc and that Charles N. Brower had
been appointed to replace him.
27.
On September 8, 1999, the State submitted its brief with preliminary
objections.
28.
On September 9, 1999, the State transmitted a copy of Charles N. Brower’s
curriculum vitae.
29.
On October 5, 1999, Charles N. Brower forwarded the record of the sworn
declaration with his acceptance of the position of judge ad hoc in the instant case.
30.
On November 9, 1999, Bolivia presented a brief as “evidence of progress in
the judicial investigation opened in order to clarify the Trujillo Oroza Case.”
31.
On November 22, 1999, the Commission submitted its brief with observations
on the State’s preliminary objections.
32.
On December 6, 1999, the President of the Court invited the State and the
Commission to a public hearing on the preliminary objections, which was held on
January 25, 2000, at the seat of the Court. At that time, the declaration of a witness
offered by the State would also be heard.
33.
In a brief of January 21, 2000, the State indicated that “it had decided to
withdraw the preliminary objections to [the] application that it had filed, because the
Government of the Republic wished to reach a friendly settlement with the victim’s
next of kin.” It also requested the Court to pronounce judgment in order to
“conclude this stage and open the reparations stage.”