applicable to this case, makes provision for alleged victims or their representatives and
the respondent State to submit a list of questions that they wish to be answered by
those summoned to render statements before a notary public. In application of this
provision, the President proceeds to grant an opportunity for the parties to submit, if
they so wish, any questions they consider pertinent to the deponents and expert
witnesses mentioned in the preceding paragraph. In rendering their statements by
affidavit, the deponents shall answer those questions, unless the President decides
otherwise. The corresponding terms shall be specified infra, in Operative paragraph 2
of this Order. The aforementioned statements and expert opinions shall be transmitted
to the Commission and the parties, as applicable. In turn, the Commission and the
parties may submit any observations deemed pertinent within the period indicated in
this Order (infra Operative paragraph 4). The Court shall assess the evidentiary value
of these statements in due course, taking into account the points of view, if any,
expressed by the parties.
2. Statements and expert reports to be received at a public hearing
35.
Given that the Court records in the instant case are ready for the opening of
the oral proceedings on the preliminary objections and possible merits, reparations
and costs, the President of the Court deems it appropriate to convene a public hearing
to receive the statements of Dennis Cerezo Cervantes, the witness proposed by the
representative, and of Laura Pautassi, the expert witness proposed by the
Commission.
E. Application of the Victims’ Legal Assistance Fund
36.
In his Order of September 14, 2012 (supra Having Seen 6) the President
admitted the request presented by the alleged victims, through their representative, to
have access to the Assistance Fund of the Court, and granted the financial assistance
necessary for the presentation of a maximum of four statements, either by affidavit or
at the public hearing.
37.
Having determined that the statements offered by the representative shall be
received by the Court and the means by which these shall be rendered, it is now
appropriate to specify the amount, recipients and purpose of said assistance.
38.
Accordingly, the President decides that financial assistance shall be assigned to
cover the travel and accommodation expenses necessary to enable the witness Dennis
Cerezo Cervantes to appear before the Court and render his testimony during the
public hearing to be held in the city of San Jose, Costa Rica, and to cover the costs of
rendering and sending the affidavit of Mrs. Melba Suárez Peralta, and of two other
deponents to be chosen by the representative.
39.
As to the person who will appear at the public hearing, the Court shall make the
pertinent and necessary arrangements to cover the travel, hotel and per diem costs of
said deponent with resources from the Legal Assistance Fund.
40.
As required by Article 4 of the Rules for the Operation of the Assistance Fund of
the Court (hereinafter the “Rules of the Assistance Fund”), the Secretariat of the Court
shall open a file on the costs of the case, in order to keep accounts and record all
expenditures made with resources from the Fund.
41.
Finally, the President recalls that, pursuant to Article 5 of the Rules of the
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