5.
With regard to the statements and expert opinions offered by the representatives
and the Commission, as the case may be, which have not been objected to 3, the President
considers it appropriate to obtain this evidence, so that the Court may assess its value at
the proper procedural moment, within the context of the existing body of evidence and
according to the rules of sound judgment. Consequently, the President requires that the
following statements be received: of the three alleged victims proposed by the
representatives, namely, Rosa Elvira Franco Sandoval, Leonel Enrique Véliz Franco and José
Roberto Franco; of the witness María Luisa de León Santizo, proposed by the
representatives; and of five expert witnesses, namely, Ana Carcedo Cabañas, María Eugenia
Solís García, Rodolfo Kepfer Rodríguez and José Mario Nájera Ochoa, proposed by the
representatives, and Elizabeth Salmón, proposed by the Commission, as set forth below
(infra Considering paragraphs 7 to 17). The object of these statements and the manner in
which they are to be rendered shall be decided by the President in the operative section of
this Order (infra Operative paras. 1 and 5).
6.
In this Order, the following aspects in particular will be examined: A) Expert
evidence offered by the Inter-American Commission; B) Expert and witness statements
offered by the representatives; C) Manner in which the statements and expert opinions shall
be rendered; D) Application of the Victims’ Legal Assistance Fund; and E) Final arguments
and observations.
A. Expert evidence offered by the Inter-American Commission
7.
The Inter-American Commission offered as evidence the expert opinions of a)
Elizabeth Salmón, to discuss “international standards on the duty of States to conduct
thorough, diligent and effective investigations into acts of violence against women, with
special emphasis on the special diligence required when the victims are girls,” and, in
particular, the expert witness will refer to “the importance of the investigation as a crucial
stage in cases of violence against women and girls ” and b) Elisa Portillo Nájera who will
describe “the context of violence against women and girls in Guatemala, the general context
of impunity in such cases and the systemic shortcomings in that country’s judicial response
to crimes and violations against women” (supra Having Seen 1, 2 and 9, and Considering
paras. 2 and 5).
8.
The President recalls that Article 35(1) (f) of the Rules provides for the “possible
appointment of expert witnesses” by the Inter-American Commission, with due justification
of the grounds and object of such appointment “when the Inter-American public order of
human rights is affected in a significant manner.” The implication of this provision is that
the appointment of expert witnesses by the Commission is an exceptional circumstance,
subject to that requirement, which is not satisfied by the mere fact that the evidence to be
produced is related to an alleged human rights violation. The “Inter-American public order
of human rights” must be “affected in a significant manner,” and it is up to the Commission
to justify that situation.” 4
3
As is evident (supra Having Seen 17) the observations expressed by the State in relation to certain
deponents do not constitute objections based on the ground for disqualification contemplated in Article 48 of the
Court’s Rules of Procedure. The observations of the State are examined in this Order (infra Considering paras. 10,
12, 13, 16, 17, 19, 20 to 23, and 25 to 27).
4
Cf. Case of Vera Vera et al. v. Ecuador. Order of the President of the Inter-American Court of Human
Rights of December 23, 2010, Considering para. 9, and Case of Camba Campos et al. v. Ecuador, Order of the
President of the Inter-American Court of February 15, 2013, Considering para. 11.
4