possible and at the public hearing, listen to those alleged victims, witnesses and
expert witnesses whose direct statements are truly indispensable, taking into
account the circumstances of the case and the object of the testimonies and expert
opinions.
D.1) Statements and expert opinions to be rendered through affidavit
24.
Bearing in mind the terms stipulated in article 50.1 of the Rules of
Procedure, what was indicated by the parties, the object of the statements offered,
as well as the principle of procedural economy, the Presidency deems convenient to
receive, by means of statements rendered through affidavit, the expert opinion of
Ernesto Villanueva Villanueva, offered by the Commission; the expert opinions of
Carlos Castresana Fernández; Carlos Martin Beristain; Bernardo R. Morales
Figueroa; Silvio René Gramajo Valdés and Alejandro Valencia Villa, the testimony of
Fredy Peccerelli and the statements of Ismael Salanic, Natalia Gálvez, Carla
Alvarado and Froilana Armira, all of them proposed by the representatives, as well
as the testimony of Marco Tulio Alvarez Bobadilla, proposed by the State. The
President emphasizes that article 50.5 of the Court’s Rules of Procedure
contemplates the possibility for the alleged victims or their representatives and the
respondent State of formulating questions in writing for the declarants convened to
render their statement through affidavits.
25.
Pursuant to the terms of the regulatory provision so mentioned, the
President proceeds to give the State and the representatives an opportunity to
present, if they wish so, the questions they deem pertinent for the declarants of the
opposing party referred to in the above paragraph. Upon rendering their statements
through affidavits, the expert witnesses, witnesses and alleged victims must
respond to such questions, unless the President decides otherwise. The
corresponding time limits shall be stipulated in operative paragraph two of this
Order. The expert opinions, testimonies and statement before mentioned shall be
transmitted to the Commission, the representatives and the State. In turn, the
State and the representatives may present the observations they deem pertinent
within the time limit indicated in this Order (infra operative paragraph 4). The
evidentiary value of said statements shall be determined in time fashion by the
Tribunal , which will consider the points of view, if applicable, expressed by the
representatives and the State in the exercise of their right to defense.
D.2) Statements and expert opinions to be received at the hearing
26. The proceedings in the instant case are set for the oral trial to start as to the
merits, reparations and legal costs, for which the Presidency deems pertinent to
convene a public hearing in order to receive the statements of alleged victims
Wendy Santizo Méndez and Efraín García and the expert opinion of Katherine
Temple Doyle, proposed by the representatives, as well as the testimony of Manuel
Giovanni Vásquez Vicente, proposed by the State.
E. Final oral and written arguments and observations
27.
Once the statements and expert opinions have been rendered, the
representatives and the State may respectively present before the Tribunal their
final oral arguments regarding the merits and possible reparations and legal costs
in the instant case. As established in article 51.8 of the Rules of Procedure, once
the oral arguments have concluded, the Commission shall present its final
observations.
28.
According to article 56 of the Rules of Procedure, the alleged victims or their
representatives, the State and the Commission may present their final written
8