6
5.
That the functions of the judge ad hoc commence from the moment he accepts
the position and takes the oath established in Article 11 of the Court’s Statute. […]
6.
That, in the instant case, Judge ad hoc Oscar Luján Fappiano has already
remitted the sworn declaration accepting the position of judge ad hoc. Following his
designation and acceptance, he has incorporated the Court and, accordingly, has
received the documentation on the Case of Carpio Nicolle et al.. Consequently, the
substitution requested by the State is not admissible […].
29.
On May 26, 2004, the President issued an order in which, pursuant to Article
47(3) of the Rules of Procedure, he required Fernando Linares Beltranena, proposed
as a witness by the Commission and endorsed by the representatives; Alfredo
Skinner Klee, proposed as a witness by the Commission; Mario Arturo López
Arrivillaga, Ricardo San Pedro Suárez, Oscar Abel García Arroyo, Rodrigo Carpio
Arrivillaga, Sydney Shaw Díaz and Rodrigo Asturias, proposed as witnesses by the
representatives, and Alberto Bovino, César Augusto Alba Cije and Ana Deutsch,
proposed as expert witnesses by the representatives, to provide their testimony and
expert reports by affidavit (sworn statements before notary public). The President
granted a non-extendible period of 10 days from the reception of these affidavits for
the Inter-American Commission, the representatives, and the State to present any
comments on these statements of the witnesses and reports of the expert witnesses
presented by the other parties they deemed appropriate. In this order, the President
also convened the parties to a public hearing to be held at the seat of the InterAmerican Court, starting on July 5, 2004, to hear their final oral arguments on
merits and possible reparations and costs, and also the testimony of Mrs. Arrivillaga
de Carpio, Mrs. Fischer and Mr. Méndez García, proposed as witnesses by the
Commission and endorsed by the representatives, and of Jorge Carpio Arrivillaga,
Sydney Shaw Arrivillaga and Silvia Arrivillaga Orantes,9 proposed as witnesses by
the representatives, and the expert report of Marco Antonio Sagastume Gemmell,
proposed as expert witness by the representatives. In addition, in this order, the
President informed the parties that they had until August 5, 2004, to present their
final written arguments on merits and possible reparations and costs.
30.
On June 16, 2004, the Commission presented the affidavit made by Alfredo
Skinner Klee. The same day, the representatives presented the affidavits made by
Mario Arturo López Arrivillaga, Ricardo San Pedro Suárez, Rodrigo Carpio Arrivillaga
and Sydney Shaw Díaz, and also the expert report made before notary public
(affidavit) by César Alba Cije (supra para. 29).
31.
On June 17, 2004, the Secretariat noted that it had not received the affidavits
of Oscar Abel García Arroyo, Rodrigo Asturias, Alberto Bovino and Ana Deutsch,
offered by the representatives, or that of Fernando Linares Beltranena, offered jointly
by the representatives and the Commission; all of them requested in the abovementioned order of the President (supra para. 29).
32.
On June 18, 2004, the Commission indicated “its intention of desisting from
submitting [the affidavit it had offered from the witness Fernando Linares
Beltranena]” (supra para. 29).
9
This name also appears as “Silvia Ester Arrivillaga Orantes”, “Silvia Esther Arrivillaga Orantes”,
“Silvia Arrivillaga de Villacorta” and “Silvia Esther Arrivillaga de Villacorta”. Hereinafter, the Court will use
“Silvia Arrivillaga de Villacorta” or “Mrs. Arrivillaga de Villacorta”.