on the preliminary objections and possible merits, reparations and costs, as well as to
receive the statements and expert opinions of the following persons:
A) Witness proposed by the representative
1.
Dennis Cerezo Cervantes, husband of the alleged victim, who will testify on
the ailments suffered by Mrs. Suárez Peralta since she underwent the
surgical procedure that resulted in medical malpractice and its
consequences.
B) Expert witness proposed by the Commission
1. Laura Cecilia Pautassi, Doctor of Law, full-time researcher at the Institute of
Legal and Social Investigations, who shall render an expert opinion on the
content of the State’s obligations to guarantee access to justice and its
relationship with the right to health, as well as international standards on
due diligence in such cases.
6.
To require the Republic of Ecuador to facilitate the exit and entry into its
territory of the deponents and expert witnesses who reside or are present therein, who
have been summoned in this Order to render their testimonies and expert reports at
the public hearing on the preliminary objections and possible merits, reparations and
costs in this case, under the terms of Article 26(1) of the Rules of the Court.
7.
To require the Inter-American Commission, the representative and the State to
serve notice of this Order to the persons they have proposed and who have been
summoned to render a statement and/or expert opinion, under the terms of Article
50(2) and 50(4) of the Rules.
8.
To inform the Inter-American Commission, the representative and the State
that they must cover the costs incurred in providing or rendering the evidence
proposed by them, pursuant to Article 60 of the Rules, without prejudice to the
provisions of Considering paragraphs 22 and 23 of this Order.
9.
To require the representative to inform the persons summoned to testify by the
Court and to render expert opinions that, pursuant to Article 54 of the Rules, the Court
shall bring to the State’s attention the cases in which the persons summoned to
appear or testify before this Court fail to do so, or refuse to testify without legitimate
cause or who, in the opinion of the Court, have violated their oath or solemn
declaration, so that appropriate action may be taken under the relevant domestic
legislation.
10.
To inform the representative, the State and the Inter-American Commission
that, once the abovementioned statement and expert opinion have been rendered at
the public hearing, they may present before the Court their final oral arguments and
final oral observations, respectively, on the preliminary objections and possible merits,
reparations and costs in this case.
11.
To order the Secretariat of the Court, pursuant to Article 55(3) of the Rules, to
provide the Inter-American Commission, the representative and the State with a copy
of the recording of the public hearing, as soon as possible after the hearing has
concluded.
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