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II
PROCEEDINGS BEFORE THE COURT
5.
Appointment of inter-American public defenders. In the brief submitted for the case, the
Commission indicated that the Public Criminal Defense Institute of Guatemala (IDPPG for the
Spanish) represented the petitioner. However, no power of attorney was included in the
documentation submitted by the Commission. In its communications on January 8, 17, and 26 of
2018, the Court asked the Public Criminal Defense Institute of Guatemala to confirm the
representation of the alleged victim. As there was no response to those requests, after appropriate
communication with the Inter-American Association of Public Defenders (AIDEF), 5 the General
Coordinator of the association informed the Court on February 27, 2018, that Octavio Tito Sufán
Farías and Roummel Gevanny Salerno Caballero had been appointed inter-American public
defenders to legally represent Mr. Martínez (hereinafter also “the representatives”).
6.
Notification of the case to the State and to the representatives. The Court notified the State
and the representatives of the submission of the case on March 5, 2018, and March 8, 2018,
respectively.
7.
Brief with pleadings, motions, and evidence. On May 7, 2018, the representatives presented
their brief with pleadings, motions, and evidence (hereinafter also “pleadings and motions brief” or
“ESAP” for the Spanish), pursuant to Articles 25 and 40 of the Court’s Rules of Procedure. The
representatives were in substantial agreement with the arguments and conclusions of the
Commission. Furthermore, they argued that the State is also responsible for violating the right to
life under the terms of Article 4(6) of the American Convention as well as for violating Article 63(2),
to the detriment of Mr. Martínez Coronado. Moreover, the inter-American defenders made requests
concerning access to the Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter
also “the Court's Assistance Fund” or “the Fund”). Finally, they asked the Court to order the State
to adopt various measures of reparation and to provide reimbursement for certain costs and
expenses.
8.
Answering brief. On August 1, 2018, the State presented to the Court its answering brief to
the submission of the case by the Commission with its observations on the pleadings and motions
brief (hereinafter “answering brief”). 6 In that brief, the State denied the alleged violations and did
not present preliminary objections.
9.
Victims' Legal Assistance Fund. On May 30, 2018, the Court announced that the Victims'
Legal Assistance Fund would be used.
10.
Final written proceedings. After evaluating the main briefs presented by the Commission and
the parties, and in light of Articles 15(1), 45, and 50(1) of the Court’s Rules of Procedure, the
President, in consultation with the full Court, decided that it was unnecessary to convene a public
hearing in this case, given the circumstances of the case and the lack of a dispute as to the facts.
The decision was communicated through an Order of the President on February 14, 2019. 7 That
Order also called for statements to be made by affidavit by four declarants offered by the
representatives and the joint opinion of two expert witnesses proposed by the Commission and the
In its February 13, 2018 communication, the Court asked the General Coordinator of AIDEF, bearing in mind Article
2 of the Agreement of Understanding between the Court and that organization and following the instructions of the President
of the Court, to appoint within ten days a defender to assume legal representation in the case and to inform the Court of the
address to which relevant communications should be sent.
6
In its April 11, 2018, communication, the State appointed as agents in this case Jorge Luis Borrayo Reyes, President
of COPREDEH, and Felipe Sánchez González, Executive Director of COPREDEH.
7
Cf. Case of Martínez Coronado v. Guatemala. Order of the President of the Court on February 14, 2019. Available
in Spanish at: http://www.corteidh.or.cr/docs/asuntos/martinezcoronado_14_02_19.pdf
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