6 Kirk would attend said hearing. On September 15, 1999, the Commission reported that said expert would not attend "for reasons beyond her control". 28. On June 25, 1999, the Secretariat, following instructions by the President, asked the State for information on the merits on the fact and right of the "Decision of NOT HAVING EVIDENTIAL FORCE FOR AN ORAL TRIAL" indicated in notices No. 544.98.INPE-CR-1 of September 18, 1998 and No. 635.98.INPE-CR-P of October 21, 1998, reiterating the request of sending the file related to the process followed against the defendants on charges of terrorism. 29. By means of the Decision of the President of August 4, 1999, the InterAmerican Commission together with the State were summoned to attend a public hearing to be held at the seat of the Court on next September 20 to hear the statement by the witness before the Commission, and the parties were told to submit its final oral statements on the merits of the case, immediately after such evidence was received. 30. On September 20, 1999 the Court held a public hearing to be informed about the statement by the witness proposed by the Inter-American Commission. Attended before the Court: by the Inter-American Commission of Human Rights: Domingo E. Acevedo, delegate; Viviana Krsticevic, assistant; María Claudia Pulido, assistant; and Carmen Herrera, assistant. As a witness proposed by the Inter-American Commission: Virginia Ugarte Rivera The State did not attend the public hearing despite being summoned. 31. On September 21, 1999, the Secretariat, following President's instructions, based on the powers conferred upon him by Article 44 of the Rules of Procedure of the Court, asked the Commission, as evidence for a better resolution, for the information related to the process followed on charges of terrorism against Mr. Nolberto Durand Ugarte and Mr. Gabriel Pablo Ugarte Rivera between June 18, 1986 and July 17, 1987 and, particularly, all information or documentation about the participation of Mr. Miguel Talavera Rospigliosi, attorney of the alleged victims in said process during the period. On October 4, 1999, the Commission submitted the above-mentioned information. 32. On September 20, 1999, the President informed the Commission that it had a thirty-day deadline to submit the final arguments. 33. On October 20, 1999, the Commission submitted its final argument brief. 34. On January 10, 2000 the Secretariat, following instructions by the President, informed the State that the deadline was granted to present final written arguments

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