7
33.
On June 24, 2004, the representatives advised that they desisted from
submitting the following testimonies and expert reports; Oscar Abel García Arroyo,
Rodrigo Asturias, Alberto Bovino and Ana Deutsch (supra para. 29).
34.
On July 2, 2004, the representatives communicated that “Sydney Shaw
Arrivillaga was prohibited from leaving Guatemala.” On July 3, 2004, the President
remitted a note to the Minister of External Affairs of Guatemala, requesting “his
collaboration to ensure the appearance of [Mr. Shaw Arrivillaga]” at the public
hearing to be held commencing on July 5, 2004.
35.
On July 3, 2004, the President also remitted a note to the parties informing
them of the request he had made to the Minister of External Relations of Guatemala
(supra para. 34). He also stated that, should it not be possible for Mr. Shaw
Arrivillaga to appear before the Court at the said public hearing, the representatives
could present his statement made before notary public (affidavit) by July 12, 2004,
at the latest.
36.
On July 3, 2004, the State submitted a brief in which it declared that:
a)
It acknowledged the facts invoked in the application of the Inter-American
Commission and in the petitioners’ brief with requests, arguments and evidence, and
accepted the State’s international responsibility for the human rights violations
committed against Jorge Carpio Nicolle, Juan Vicente Villacorta, Alejandro Ávila Guzmán,
Rigoberto Rivas and Sydney Shaw, owing to the events that occurred on July 3, 1993.
b)
It requested the Court, in the context of the contentious proceeding, to obviate
the hearing on merits and continue on to establish the corresponding measures of
reparation, in order to discuss and argue the claims of the Commission and the
representatives of the alleged victims.
c)
It asked the Inter-American Court whether the financial reparations to the next
of kin of the victim [could] be made by the State in 2005, owing to the country’s actual
fiscal deficit.
[…] In view of the foregoing, it requested that the nature of the hearing convened be
changed, and circumscribed to examining and determining the reparations, and for
reasons of procedural economy, only those witnesses and expert witness related to this
aspect should be called to give testimony.
37.
On July 5 and 6, 2004, the Court received the statements of the witnesses
and the report of the expert witness proposed by the Inter-American Commission
and by the representatives, at a public audience. The Court also heard the final oral
arguments of the parties.
There appeared before the Court:
for the Inter-American Commission:
Susana Villarán, delegate
Santiago Canton, delegate
María Claudia Pulido, adviser
Juan Pablo Albán, adviser
Lilly Ching, adviser, and
Michael G. Thomas, adviser;
for the representatives: