1.
The offering and admission of evidence, as well as the convocation of
alleged victims, witnesses and expert witnesses are governed by articles 35.1.f,
40.2.c, 41.1.c, 46, 50, and 57 of the Tribunal’s Rules of Procedure.
2.
The Commission offered three expert witnesses as items of evidence; the
representatives offered the statements of six alleged victims, a witness and six
expert witnesses; and the State offered two declarants.
3.
The Court ensured the parties the right to defense regarding the evidence
offered in the brief submitting the case, the brief of pleadings and motions and the
brief containing the answer, as well as in their definitive lists and those briefs
related to alleged new facts.
4.
As to the statements offered by the parties, which have not been objected,
this President considers it is convenient to take such evidence in order for the
Tribunal to assess on it in time fashion and on the basis of the existing body of
evidence and sound judgment. This Presidency shall define the object of these
statements and the manner in which they shall be received in this Order (infra
operative paragraphs 1 and 5).
5.
Next, this Presidency shall address the following aspects: a) item of
evidence offered by the Inter-American Commission; b) item of evidence offered by
the representatives and request of the Inter-American Commission to question; c)
item of evidence offered by the State and request of the Inter-American
Commission to make questions; d) manner of the statements and expert opinions;
e) arguments and final oral and written observations; f) offering of actuarial study
by the State and g) testimonies and expert opinions attached as annexes to the
brief of pleadings and motions.
A. Items of evidence offered by the Inter-American Commission
6.
According to the terms of article 35.1.f of the Rules of Procedure, “the
possible appointment of expert witnesses” may be made by the Inter-American
Commission “when the Inter-American public order of human rights is affected in a
significant manner”, the object of which must be adequately founded. This provision
means that the appointment of expert witnesses by the Commission is an
exceptional opportunity that is subject to a requirement, which is not satisfied by
the mere fact that the item of evidence to be received is related to an alleged
human rights violation. The “Inter-American public order of human rights must be
affected in a significant manner,” and it falls upon the Commission to uphold such a
situation.3
7.
The Inter-American Commission offered, as evidence, the expert opinions
of: a) Carlos Castresana Fernández, who shall render a statement “on the structural
circumstances existing in Guatemala that foster impunity in cases like the instant
one. Among other aspects, the expert witness shall refer to the clandestine
structures of the armed conflict, its infiltration in the institutions and the cooptation
of the justice system”; b) Pedro E. Diaz Romero, who shall render a statement
about “the circumstances that had fostered impunity in the instant case, by means
of the analysis of the investigations carried out at the domestic level and their
adaptation to the international human rights standards applicable to the obligation
3
See Case of Pedro Miguel Vera Vera et al V. Ecuador. Order of the President of the InterAmerican Court of Human Rights of December 23, 2010. Considering clause nine. Case of Pacheco
Teruel et al V. Honduras. Order of the President of the Inter-American Court of Human Rights of January
27, 2012, Considering clause three.
3