4
.
Secretariat of the Court (hereinafter “the Secretariat”) notified the application by fax to the
State6 and the representatives,7 respectively. On May 22, 2007 the application was sent to
the State and the representatives by courier, along with all the appendixes, which was
received by the representatives on May 31, 2007 (T1 f.215 and 225). Due to problems within
the courier company hired the application was not received by the State in the estimated
time, thus it was resent to the Venezuelan Ministry of Foreign Affairs on June 7, 2007,
through the Embassy of Venezuela. On July 9, 2007 the State appointed Mr. Pier Paolo
Pasceri Scaramuzza as Judge ad hoc.
8.
Once the State presented its response to the application (supra para. 5), on October
12, 2007, the then President of the Court issued an Agreement through which it decided not
to accept the State’s request, presented as a preliminary objection, that the judges Cecilia
Medina Quiroga and Diego García-Sayán be separated from hearing the case, and submitted
the agreement to the Full Corte. On October 18, 2007 the Court issued an order declaring
inadmissible the State’s mentioned request and accepted the excuse given by Judge GarcíaSayán.
9.
On November 16, 2007 the Commission and the representatives presented their
written arguments to the preliminary objections presented by the State.
10.
On December 17, 2008 the representatives forwarded documents as evidence and
stated that “due to reasons of grave difficulty” they could not be sent along with their brief
of pleadings and motions. The Court asked the State and the Commission to forward the
observations considered appropriate. On January 18, 2008, after an extension granted, the
Commission communicated it did not have any observations to present, while the State did
not refer to this matter.
11.
On June 11, 2008 the President of the Court ordered the receipt through statements
offered before a notary public (affidavit) of twelve testimonies and six expert opinions
offered by the Commission, the representatives, and the State, 8 regarding which the parties
had the opportunity to present observations. Additionally, the President summoned the
Commission, the representatives, and the State to a public hearing to receive the statement
of a witness proposed by each party, as well as the final oral arguments on a preliminary
objection and the possible merits, reparations, and costs. Finally, the President decided to
include in the body of evidence of the present case two statements. 9
12.
On June 17, 2008 the representatives stated that they had faced difficulties to
authenticate some statements and expert opinions required in the previous Order and they
also communicated the death of Mr. Javier García Flores, one of the alleged victims of the
present case.
When the State was notified of the application, it was informed of its right to respond to it in writing and,
in its case, present its observations to the brief of pleadings, motions, and evidence presented by the alleged
victims or their representatives, within the non-extendable term of four months as of the notification thereof,
pursuant with Article 38 of the Rules of Procedure. Similarly, in the terms of Article 35(3) and 21(3) of the Rules of
Procedure, the State was requested to appoint, within a 30-day term, an Agent to represent it before the Court
and, if considered necessary, a Deputy Agent as well. Finally, the State was informed of the possibility to appoint a
judge ad hoc, within the 30 days following the notification of the application, to participate in the consideration of
the case.
6
Similarly, when the application was notified to the representatives, they were informed of their right to
present their brief of pleadings, motions, and evidence, within the non-extendable terms of two months as of the
notification of that application, in the terms of Articles 23 and 36(1) of the Rules of Procedure.
7
Cf. Order issued by the President of the Inter-American Court of Human Rights on June 11, 2008.
We decided to include, in application of the stipulations of Article 45(1) of the Rules of Procedure of the
Court, the statements and expert opinion of Ángel Palacios Lascorz, a witness offered by the State and María
Alejandra Díaz Marín, expert proposed by the State, offered in the Case of Gabriela Perozo et al. v. Venezuela.
8
9