adopt several measures of reparation and to provide reimbursement for costs and
expenses.
6.
Answer brief – On May 20, 2013, the State presented its brief of preliminary
objections, its answer to the submission of the case and observations to the brief of
pleadings and motions (hereinafter “answer brief”). Regarding the merits of the case, the
State argued that it was not responsible for any of the violations alleged. It appointed Mr.
Rodrigo José Villagrán Sandoval as its Agent and notified the Court of the appointment of
Mr. Antonio Arenales Forno as the new President of the Presidential Commission for the
Coordination of Human Rights Policies (COPREDEH).
7.
Observations to the preliminary objections – On August 28 and 30, 2013, the
representatives and the Commission, respectively, submitted their observations to the
preliminary objections.
8.
Public hearing – By means of an Order issued by the President of the Court on
December 20, 2013, the Inter-American Commission, the representatives and the State
were summoned to a public hearing to present their final oral observations and final oral
arguments, respectively, on the preliminary objections and possible merits, reparations
and costs. In said Order, the Court required the statements, rendered by affidavit, of a
witness proposed by the State and of an expert witness and a deponent summoned for
information purposes, proposed by the representatives. The representatives and the State
had an opportunity to ask questions and make observations to the deponents offered by
the counterpart. The Court also summoned an alleged victim proposed by the
representatives, a witness proposed by the State and an expert witness proposed by the
Commission to testify at the public hearing. The public hearing took place on February 5,
2014, at the seat of the Court during its 102nd Regular Period of Sessions. 3
9.
Evidence to facilitate adjudication – On February 14, 2014, the Court’s Secretariat
sent a note to the parties and to the Commission requesting documentation as evidence to
facilitate adjudication. This evidence was submitted on February 28, 2014.
10.
Final written arguments and observations – On March 3, 2014, the State submitted
its final written arguments. On March 5, 2014, the representatives and the Commission
submitted their final written arguments and observations, respectively. On that occasion
the representatives presented new arguments in relation to the preliminary objections
presented by the State and the reparations requested in the pleadings and motions brief
(supra para. 5), and the Commission presented new arguments concerning B.A.´s status
as a human rights defender. These new arguments are extemporaneous and, therefore,
they will not be taken into consideration. Likewise, the representatives submitted various
documents concerning, inter alia, the expenses incurred after the presentation of the brief
of pleadings and motions.
11.
Observations to the evidence to facilitate adjudication and attachments to the final
arguments of the representatives – On March 21 and 26, 2014, the State and the
Commission submitted, respectively, their observations to the evidence to facilitate
adjudication and to the attachments submitted by the representatives with their final
written arguments. On March 26, 2014, the representatives submitted their observations
to the evidence presented by the State to facilitate adjudication.
III
JURISDICTION
12.
The Inter-American Court has jurisdiction to hear this case under the terms of
Article 62(3) of the American Convention, given that Guatemala has been a State Party to
the Convention since May 25, 1978 and accepted the Court’s binding jurisdiction on March
9, 1987.
3
The following persons appeared at the hearing: a) for the Inter-American Commission: José de Jesús
Orozco H., President of the Commission; Elizabeth Abi-Mershed, Deputy Executive Secretary; Silvia Serrano Guzmán
and Jorge Meza Flores, Legal Advisors; b) for the representatives of the presumed victims: Claudia Virginia Samayoa
Pineda; David Augusto Dávila Navarro; Ángela Méndez Izquierdo, and Luisa Isabel Pineda, and c) for the State:
Rodrigo José Villagrán Sandoval, Agent; César Javier Moreira Cabrera, Legal Advisor, and Francisca Marroquín, Legal
Advisor.
6