order of human rights. The President also takes note of the State’s observations, but in this
case, the reasons of “procedural economy” stated are not sufficient reason to reject the
expert opinion. 6 The latter may be useful and necessary to ensure the most complete
presentation of evidence by the parties, insofar as these are pertinent 7.
13.
In this case, the State has also had an opportunity to offer any evidence it considers
pertinent before the Court. Consequently, the number of witnesses or expert witnesses
offered by the representatives, or their similarity with the deponents offered by the
Commission, cannot be interpreted as an action that impairs the adversarial process and the
principle of procedural equality, and therefore it does not affect per se the admissibility of
the evidence offered. 8
14.
For the foregoing reasons, the President considers it pertinent that the Court receive
the expert opinion of Elizabeth Salmón. The value of said opinion shall be assessed at the
proper procedural moment, within the context of the existing body of evidence and
according to the rules of sound judgment. The object of this expert opinion and the manner
in which it will be rendered shall be determined in the operative part of this Order (infra
Operative para. 5).
B. Expert and testimonial statements offered by the representatives
1. Expert opinions of Ana Carcedo Cabañas and María Eugenia Solís García
15.
The representatives offered as evidence (supra Having Seen 4, 10 and 12) the expert
opinions of a) Ana Carcedo Cabañas, who will discuss
femicide in Central America, and specifically in Guatemala, its causes and characteristics, the
steps that States have taken so far to address this phenomenon, and the measures which,
according to her experience, should be adopted to prevent the repetition of the facts referred to
in this case, and
b) María Eugenia Solís García, who will render an expert opinion on “the investigation of
cases of violence against women in Guatemala.” In this regard, she will refer “specifically
[to the investigation of] murders of women for gender reasons, at the time of the events in
this case and at present,” together with “the main obstacles encountered in efforts to obtain
justice in [such] cases” and “the measures which, according to her experience, should be
adopted to prevent the repetition of the facts referred to in this case.”
16.
The Inter-American Commission made no observations regarding the expert opinions
offered by the representatives (supra Having Seen 15). The State, for its part, indicated
that a) the expert opinions of Ana Carcedo Cabañas and María Eugenia Solís García would
be similar to the expert opinion of Elizabeth Salmón, proposed by the Commission (supra
Considering paras. 7, 12 and 14). Therefore, it understood that these would not be
necessary, and considered inappropriate the use of the Assistance Fund to cover the costs
6
Cf. Case of Gutiérrez and Family v. Argentina. Order of the President of the Inter-American Court of
December 20, 2012, Considering para. 13.
7
Cf. mutatis mutandi, Case of the Massacre of Santo Domingo v. Colombia, Order of the President of the
Inter-American Court of June 5, 2012, Considering para. 30, and Case of García Lucero et al. v. Chile. Order of the
President of the Inter-American Court of February 14, 2013, Considering para. 12.
8
Cf. mutatis mutandi, Case of Néstor José and Luis Uzcátegui et al. v. Venezuela. Order of the President of
the Inter-American Court of November 3, 2011, Considering para. 6.
6