10
43.
On January 10, 2005, the State appointed Ambassador Rhadys I. Abreu de
Polanco as Deputy Agent for the case.
44.
On January 31, 2005, the President issued an Order in which, pursuant to
Article 47(3) of the Rules of Procedure, he called upon the children Dilcia Yean and
Violeta Bosico, and also Tiramen Bosico Cofi, Teresa Tucent Mena (infra note 45),
Leonidas Oliven Yean and Samuel Martínez, proposed by the Commission and the
representatives, the first five persons as witnesses and the sixth person as an expert
witness, to make their statements and report in the form of an affidavit (a statement
before a notary public). He also granted the State a non-extendible period of seven
days after receipt of the affidavits to present any comments it deemed pertinent.
Furthermore, the President convened the Commission, the representatives and the
State to a public hearing to be held at the seat of the Court starting on March 14,
2005, to hear their arguments on preliminary objections and possible merits,
reparations and costs, and to hear the testimony of Genaro Rincón Miesse, Amada
Rodríguez Guante and Thelma Bienvenida Reyes, and the expert reports of Frederick
John Packer and Débora E. Soler Munczek, offered by the Commission, the
representatives and the State, as applicable. He also informed the parties that they
had until April 14, 2005, to submit their final written arguments.
45.
On February 15, 2005, the representatives presented the authenticated
statements made by the six persons mentioned in the preceding paragraph.
46.
On February 23, 2005, the State observed, with regard to the statements
presented band the representatives, that “there [were] contradictions between the
facts stated and the evidence before [the Court],” and that the State “reserved the
right to specify these during the public hearing to be held on March 14 and 15[,
2005. It also indicated...] that the absence of [the alleged victims] would alter the
procedural equilibrium and denaturalize the adversarial nature of the public hearing.”
47.
On March 14 and 15, 2005, during the public hearing, the Court received the
statements of the witnesses and the expert reports of the expert witnesses proposed
by the parties, and heard the arguments of the Commission, the representatives and
the State on preliminary objections and possible merits, reparations and costs. There
appeared before the Court: (a) for the Inter-American Commission: Ariel Dulitzky,
Juan Pablo Albán and Lilly Ching, legal advisers; (b) for the representatives: Laurel
Fletcher, of the International Human Rights Law Clinic, Solain Pierre and Moisés
Medina Moreta, of MUDHA, and Viviana Krsticevic, Roxanna Althoz and Alejandra
Nuño, of CEJIL, and (c) for the State: José Marcos Iglesias Iñigo, Agent, Rhadys I.
Abreu de Polanco, Deputy Agent, Julio César Castaños Guzmán and Adonai Medina,
advisers, and Rafael González, assistant. The following appeared as witnesses:
Genaro Rincón Miesse, proposed by the Commission and the representatives, and
Amada Rodríguez Guante and Thelma Bienvenida Reyes, proposed by the State; and
as expert witnesses: Débora E. Soler Munczek and Frederick John Packer, proposed
by the Commission and the representatives.
48.
On March 14, 2005, the representatives submitted some documents they
indicated were supervening evidence, in accordance with Article 43(3) (sic) of the
Rules of Procedure.
49.
On April 14, 2005, the representatives presented their final arguments in
English, together with the respective attachments and, on April 28, 2005, they
forwarded the respective translation into Spanish. On April 14, 2005, the State
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