6
3.
Request of the Inter-American Commission. – Based on the aforementioned, the
Commission asked the Court to declare Honduras’ international responsibility for the alleged
violation of the rights previously stated in the conclusions of the Merits Report. Additionally,
the Commission requested that the Court order the State to comply with certain measures of
reparation, which will be detailed and analyzed in the corresponding chapter.
II.
PROCEEDINGS BEFORE THE COURT
4.
Notification to the State and the representatives. – The submission of the case by the
Commission was notified to the State and the representatives on May 8, 2013.
5.
Brief with pleadings, motions, and evidence. – On July 8, 2013, the representatives
presented their brief with pleadings, motions, and evidence 5 (hereinafter “pleadings and
motions brief”), in the terms of Articles 25 and 40 of the Rules of Procedure of the Court.
6.
Answering brief. – On October 1, 2013 the State submitted to the Court its answering
brief to the submission of the case and to the pleadings and motions brief (hereinafter
“answer” or “answering brief”), in the terms of Article 41 of the Court’s Rules of Procedure.6
7.
Resorting to the Legal Aid Fund. – Through Order of December 18, 2013, the President
accepted the request filed by the alleged victims, through their representatives, to resort to
the Court’s Legal Aid Fund for Victims, and it approved the granting of the economic aid
necessary for a maximum of two representatives and for the offering of a maximum of three
statements, either in hearing or through affidavit. Afterwards, in the Order of the President
of the Court of April 7, 2014, it was stated that said aid would be assigned to cover the travel
and lodging expenses necessary so the alleged victim José Ángel Castro and the witness Clara
Eugenia Flores, could attend the public hearing to be held on May 20, 2014 at the Court’s
headquarters.
8.
Public hearing. – Through the mentioned Order of April 7, 2014, the President of the
Court ordered to receive statements offered before a notary public (affidavit) from four alleged
victims and six witnesses, proposed by the representatives, as well as an informative witness
offered by the State. In this Order the President also summoned the parties and the
Commission to a public hearing held on May 20, 2014 during the 103rd Ordinary Sessions of
the Court, which were held at its headquarters.7 The statements of an alleged victim and a
witness, proposed by the representatives, an expert witness proposed by the Commission,
and an informative witness offered by the State, were received at the hearing, as well as the
The representatives sent the pleadings and motions brief by e-mail. Through communication received on
July 18, 2013, the representatives forwarded the original brief and its annexes to the Court.
5
The State sent its answering brief by e-mail. Through communication received on October 4, 2013, the State
forwarded the original brief and its annexes to the Court. Likewise, through a brief of June 10, 2013 the State
appointed Mrs. Ethel Deras Enamorado, Attorney General of the Republic, as agent, and Mr. Ricardo Rodríguez,
Deputy Attorney General of the Republic, as Alternate Agent. In the answering brief the State appointed Mr. Kelvin
Fabricio Aguirre Córdova as assistant to the Alternate Agent.
6
Those who appeared at this hearing were: a) for the Inter-American Commission: Rose-Marie B. Antoine,
Commissioner; Silvia Serrano Guzmán and Jorge Meza Flores, lawyers of the Executive Secretariat; b) for the
representatives of the alleged victims: Mirian Miranda Chamorro, Representative; Christian Callejas Escoto,
Representative; Alfredo López, Cultural Advisor; Teresa Reyes, Translator; Claudia Jiménez, Assistant; Andrea
Gutiérrez Baltodano, Assistant, and c) for the State of Honduras: Jorge Abilio Serrano Villanueva, Deputy Attorney
General of the Nation; Kelvin Fabricio Aguirre Córdova, Attorney General of the Nation; Ramón Valladares Reino,
Ambassador; Juan Alberto Lara Bueso, Ambassador of Honduras in Costa Rica; Ligia Pitsikalis Midence, Office of the
Public Prosecutor; Roy Murillo Hale, National Agrarian Institute.
7