it deems necessary regarding the reliability of said testimony, and its value shall be
assessed in due course, within the context of the body of evidence and according to the
rules of sound judgment. Therefore, the statement of the witness shall be admitted,
according to the object and modality established in the operative part of this Order (infra
Operative para. 1).
C. Manner in which the statements and expert opinions shall be rendered
28.
It is necessary to ensure the most complete presentation of the facts and arguments
by the parties, insofar as these are pertinent to resolving the matters in dispute,
guaranteeing both the right of the parties to defend their respective positions and the
Court’s possibility of adequately examining the cases submitted to its consideration, bearing
in mind that their number has grown considerably and is increasing constantly. It is also
necessary to guarantee a reasonable term in the length of the proceeding, as required for
effective access to justice. Accordingly, it is essential to receive the greatest possible
number of testimonies and expert opinions through affidavits, and that the Court hear those
alleged victims, witnesses and expert witnesses whose direct testimony is truly
indispensable at a public hearing, taking into account the circumstances of the case and the
object of the testimonies and expert opinions.
1. Statements to be rendered by affidavit
29.
Bearing in mind the provisions of Article 50(1) of the Rules and the indications of the
representatives and the Commission in their definitive lists, the object of the statements
offered, as well as the principle of procedural economy, the President deems it appropriate
to receive, through affidavits rendered before a notary public (affidavit), the statements of
Leonel Enrique Véliz Franco, José Roberto Franco, María Luisa de León Santizo, Ana Carcedo
Cabañas, Rodolfo Kepfer Rodríguez and José Mario Nájera Ochoa, proposed by the
representatives.
30.
In application of Article 50(5) of the Court’s Rules of Procedure, the President
proceeds to grant the State an opportunity to submit, if it so wishes, any questions
considered pertinent to the alleged victims, the witness and the expert witnesses named in
the preceding paragraph. Upon rendering their statements before a notary public, the
deponents must respond to those questions, unless the President decides otherwise. The
corresponding time limits shall be specified in Operative paragraph 2 of this Order. The
aforementioned statements shall be transmitted to the Inter-American Commission, the
State and the representatives. The State may then present any observations deemed
pertinent with its final written arguments, as indicated in the operative section of this Order
(infra Operative paragraph 4). The Court shall assess the evidentiary value of these
statements in due course, taking into account the points of view, if any, expressed by the
parties in exercise of their right to defense.
2. Request by the Commission to formulate questions to the expert witnesses offered
by the representatives
31.
The Commission requested an opportunity to formulate questions to the expert
witnesses Ana Carcedo Cabañas and María Eugenia Solís García (supra Having Seen 15),
proposed by the representatives (supra Having Seen 4 and 10, and Considering paras. 15 to
17) because “they are related to the two expert opinions offered by the Commission, to be
rendered by Elizabeth Salmón and by Elisa Portillo Nájera,” and “would allow for the specific
10