would require support from the Assistance Fund in order to participate in the public
hearing, and in relation to the witness and expert testimonies indicated in the offer of
evidence, a matter that should be clarified in the final list of deponents.6 Despite the
foregoing, the President notes that the representative did not forward his definitive list
of deponents, and therefore the list submitted in the brief of pleadings and motions
shall be considered as the final list, and only with respect to those persons correctly
indicated, pursuant to Article 40(2)(c) of the Rules - in other words, the deponents
named together with the object of their statement and, where applicable, the expert
witnesses, including their curriculum vitae and contact details.
21.
Consequently, the President orders that statements be received from Dennis
Cerezo Cervantes, Eduardo Tigua Castro, Rodolfo Sández Jiménez, Luis Humberto
Córdova Ramos, as well as the expert opinions of Iván Castro Patiño, Hugo Miguel
Morán Sánchez and Ignacio Hanna Musse. The object of these statements and the
manner in which they are to be rendered shall be specified in the operative part of this
Order (infra Operative paragraphs 1 and 5).
2. Alleged victim summoned officially by the President
22.
The President notes that the representative has not offered the alleged victim
Melba Suárez Peralta as a deponent in this case, even though she was included in the
request for support from the Legal Assistance Fund (supra Considering paragraph 19)
so that she could participate in the public hearing. Notwithstanding this fact, the
President considers that the testimony of the alleged victim Melba Suárez Peralta is
useful for the purposes of describing to the Court the alleged violations of her human
rights and their consequences for her health. Also, the alleged victim may explain to
the Court the possible measures of reparation that it should adopt in relation to her
specific situation.
23.
Given the importance of this statement in an examination of the possible merits
and reparations in this case, and based on the powers granted under Article 58(a) of
the Rules of the Court, the President decides that the Court shall receive the statement
of the alleged victim Melba Suárez Peralta. Its object and the manner in which it will
be rendered is specified in this Order (infra Operative paragraph 1).
3. Expert opinions offered by the State
24.
In its answer brief, the State offered three groups of expert opinions: a)
Verónica Valencia and Iván Ríofrio, on psychiatric intervention models in pre-operative,
peri-operative and post-operative processes; b) Margarita Mencía and Jaysoon Abarca,
on diagnostic, emergency and surgical procedures in gastroenterology in Ecuador, and
c) Manuel Jácome, Nelly Valladares and Luis Alfonso Pazmiño, on legal accounting for
the assessment of pecuniary reparations.
25.
In its definitive list of deponents, the State indicated that the expert opinion on
psychiatric intervention models in pre-operative, peri-operative and post-operative
processes would be rendered only by Mrs. Verónica Valencia, Head of the Psychiatric
Service at the Eugenio Espejo Hospital and that the expert opinion on diagnostic,
emergency and surgical procedures in gastroenterology in Ecuador would be rendered
only by Mr. Jaysoon Abarca, Head of the Gastroenterology Service of the Eugenio
Espejo Hospital. It further indicated that the expert witness Luis Alfonso Pazmiño
6
Order of the President of the Court of September 14, 2012, supra, Considering paragraph 7.
7