II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the State and the representatives or common interveners. On March
27, 2015, the case was notified to the Republic of Costa Rica (hereinafter “the State” or “Costa
Rica”), and to the representatives or common interveners of the alleged victims (hereinafter
“the representatives” or “common interveners”): i) Adrián Martínez Blanco of Factum
Consorcio; ii) Servicios Interamericanos de Profesionales en Derechos Humanos (hereinafter
“SIPDH”), and iii) the Inter-American Defenders, José Arnoldo González Castro, Tomás
Poblador Ramírez and Belinda Guevara Casaya. 4
5.
Brief with pleadings, motions and evidence. On June 1 and 8, 2015, the Court received
briefs containing pleadings, motions and evidence (hereinafter “pleadings and motions brief”)
from Factum Consorcio, SIPDH and the Inter-American Defenders. In their briefs, they agreed
with the arguments submitted by the Commission and, in each case, they argued additional
violations of the American Convention in relation to Articles 2, 4(1), 5, 5(1), 5(2), 5(6), 7(3),
7(6), 8(1), 8(2), 8(2)(c), 8(2)(d), 8(2)(f), 9, 11, 23(c), 24 and 25.
6.
Answering brief. On February 5, 2016, the State presented to the Court a brief
containing preliminary objections, its answer to the submission of the case and observations
on the pleadings and motions briefs (hereinafter “answering brief”). The State filed five
preliminary objections and rejected the alleged violations. 5 It also requested that a special
hearing be held on the preliminary objections.
7.
Observations on the preliminary objections. On April 8, 12 and 13, 2016, the three
common interveners and the Commission presented their respective observations on the
preliminary objections filed by the State. The Commission, the Inter-American Defenders and
SIPDH also submitted annexes to their briefs of observations on the preliminary objections,
which were forwarded to the parties and the Commission. The President of the Court granted
a period until December 13, 2016, for the parties and the Commission to submit any
observations deemed pertinent to said annexes. No observations were submitted. 6
8.
Request for a special hearing on preliminary objections. On August 17, 2016, after a
query from the President of the Court, 7 the State explained the reasons why it considered it
indispensable to hold a special hearing on preliminary objections. For their part, on August
30, 31, and September 1, 2016, the three common interveners and the Commission
submitted their respective observations to the brief of the State.
Mr. Adrián Martínez Blanco of Factum Consorcio, represented Jorge Martínez Meléndez, of Group 4. SIPDH
represented Groups 1, 3 (except the alleged victim Fernando Saldarriaga Saldarriaga), 7 and 8. The InterAmerican Defenders González Castro and Poblador Ramírez represented Fernando Saldarriaga Saldarriaga, of
Group 3, Guillermo Rodríguez Silva and Martín Rojas Hernández, of Group 5, while the Inter-American Defender
Guevara Casaya represented Rafael Antonio Rojas Madrigal, of Group 2, and Manuel Adilio Hernández Quesada,
of Group 6.
5
On April 24, 2015, the State appointed the following persons as its agents in the instant case: Manuel A.
González Sanz, Minister of Foreign Relations; Gioconda Ubeda Rivera, Legal Director, Ministry of Foreign Relations;
and José Manuel Arroyo Gutiérrez, Magistrate of the Third Chamber, Vice President of the Supreme Court of
Justice. Likewise, on December 13, 2016, the State appointed as additional agent for this case Eugenia Gutiérrez
Ruiz, Assistant Legal Director of the Ministry of Foreign Relations.
6
The common intervenor SIPDH filed a brief in which it merely “reiterated” and “reproduced” its observations
on the preliminary objections filed by the State, without submitting observations in relation to the aforementioned
annexes.
7
Note of the Secretariat of August 4, 2016 (merits file, folio 1994).
4
8