II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representatives. The submission of the case was notified
to the representatives of the presumed victims and to the State on May 16 and June 4, 2014,
respectively.
7.
Brief with motions, pleadings and evidence. On July 15, 2014, Carlos Antonio Pop AC, the
Asociación de Abogados y Notarios Mayas de Guatemala, and the Robert F. Kennedy Center for
Justice and Human Rights (hereinafter “the representatives”), submitted their brief with
motions, pleadings and evidence (hereinafter “motions and pleadings brief”) to the Court, in
accordance with Article 40 of the Rules of Procedure.
8.
Answering brief. On November 21, 2014, the State presented its brief with preliminary
objections, answering the submission of the case, and with observations on the motions and
pleadings brief (hereinafter “answering brief”), in accordance with Article 41 of the Rules of
Procedure.
9.
Observations on the preliminary objections. On February 4, 2014, the representatives
and the Commission presented their respective observations on the preliminary objections
submitted by the State, in accordance with Article 42(4) of the Rules of Procedure.
10.
Public hearing. In an order of March 19, 2015,1 the President of the Court, (hereinafter
“the President”) called the parties to a public hearing, which was held in Cartagena de Indias,
Colombia, on April 21 and 22, 2015, during the Court’s fifty-second special session,2 and
required several statements to be received in this case.
11.
Helpful evidence. In the annexes to a brief of March 25, 2015, the State forwarded “the
file documents containing the procedural actions taken from May 2012 to date,” that were
requested as helpful evidence in an order of the President of March 19, 2015 (supra para. 10).
12.
Information on the detention of a presumed victim following the public hearing. In a
communication of May 18, 2015, the representatives reported the “capture” of Jorge Rolando
Velásquez Durán, as the alleged result of “his statements during the […] public hearing.”
Consequently, they asked that, based on Article 53 of the Rules of Procedure, the Court “require
[…] the State […] to provide information on this fact.” In a note of the Secretariat of May 19,
2015, the State was asked to remit its observations on the information presented by the
representatives. In a brief of May 26, 2015, the State reported that the arrest and detention of
Mr. Velásquez [had been] ordered […] [because] an action [had been] opened against [him …]
on September 11, 2001,” during which an order had been issued annulling the warrant for his
arrest; however, this had not been processed, leading to the detention of Mr. Velásquez. The
State also indicated that, once “the legal situation of Jorge Rolando Velásquez had been
corroborated, he had been released immediately.” The State stressed that this was an isolated
incident and that no reprisals of any kind were being taken against him. The representatives and
the Commission forwarded their observations on the State’s brief on June 8 and 10, 2015,
respectively. In this regard, the representatives stated that, following Jorge Velásquez Durán’s
The
order
of
the
President
of
the
Court
of
March
19,
2015
is
available
at:
http://www.corteidh.or.cr/docs/asuntos/velasquez_19_03_15.pdf
2
There appeared at this hearing: (a) for the Inter-American Commission on Human Rights: James Cavallaro,
Commissioner; Silvia Serrano Guzmán and Jorge Meza, Executive Secretariat lawyers; (b) for the representatives of the
presumed victims: Carlos Antonio Pop, Kerry Kennedy, Santiago A. Canton, Angelita Baeyens, Wade McMullen and
Christina Fetterhoff, and (c) for the State: Rodrigo José Villagrán Sandoval, Agent; César Javier Moreira Cabrera, Legal
Advisory, and Steffany Rebeca Vásquez Barillas, Deputy Agent.
1
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