6
32.
On May 2, 2006 the Commission filed its comments on the expert statement
given by Cristián Maturana-Miquel by means of an affidavit. The Commission
requested the Court that “the statement given by Mr. Maturana-Miquel be dismissed
on the grounds that it was not in accordance with the object for which it had been
requested.”
33.
On May 22, 2006, the State and the Commission submitted their final written
arguments. The State attached documentary evidence thereto, as well as the
documents requested by the Court at the public hearing (supra para. 28).
34.
On June 14, 2006 the Commission challenged the appendixes to the final
written arguments filed by the State. The Commission stated that “by virtue of the
estoppel principle” and the fact that the State had not filed such documents at the
proper procedural stage, “they were to be dismissed outright.” Furthermore, the
Commission requested that “should the [...] Court admit the documents that have
been challenged [...], the procedural equality for the parties is to be ensured,
granting each of them the opportunity to file their comments on the content of the
documents submitted.”
35.
On June 14, 2006 the Secretariat, on instructions from the President,
informed the Commission that the Court, seeking the fulfillment of the procedural
equality for the parties and the principle of the adversary proceeding, always notifies
the parties of all the documents filed by one of them so that they may file their
comments thereon. To this purpose, the Court does not set a term, in the
understanding that filing comments is a right of, but not an obligation for the
interested party. In the instant case, the Secretariat forwarded the Inter-American
Commission and the representative the documents tendered by the Illustrated State
together with its final written arguments. The Commission was entitled to file
comments on such documents, which it actually did through brief of June 14, 2006
(supra para. 34). Furthermore, the Secretariat informed the Commission that in case
it wished to expand its comments, these should be forwarded to the Court as soon as
possible. The Commission did not file any additional comments.
36.
On July 6, 2006 the representative of the alleged victims forwarded legible
copies of some of the documents filed together with their final written arguments
(supra para. 31), as well as additional documents.
37.
On July 27, 2006 the State filed its comments and documentary evidence
attached thereto regarding the comments filed on May 2, 2006 by the Commission
on the expert statement given by Cristián Maturana-Miquel (supra para. 32).
PRELIMINARY OBJECTIONS
38.
In its answer to the application (supra para. 17) the State expressly stated
two preliminary objections, to wit: i) the lack of ratione temporis competence of the
Court to hear the instant case, and ii) the violations committed during the
proceeding before the Inter-American Commission. Notwithstanding, the Court
understands that another objection to the jurisdiction of the Court may be inferred
from the various arguments filed by the Chilean State: the failure to exhaust the
domestic remedies. Though the State did not claim this argument as a preliminary
objection, the Court deems it relevant to issue a ruling on this matter in this chapter.