that the Court order the State to comply with the reparations included in said Report,
which are detailed in Chapter VII of this Judgment.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and the representative. - The submission of the case was
notified to the State2 and the representatives of the alleged victim3 on April 12, 2021.
6.
Brief with pleadings, motions and evidence. - The representatives of the alleged
victim (hereinafter, "the Representatives") filed the brief with pleadings, motions, and
evidence (hereinafter, "pleadings and motions brief") on June 13, 2021. Effectively, this
concurred with the contents of the Merits Report and requested reparations
complementary to those requested by the Commission. In addition, the alleged victim
requested, through his representation, to avail himself of the Victims' Legal Assistance
Fund of the Inter-American Court (hereinafter "the Victims' Legal Assistance Fund" or
"the Fund").
7.
Answering brief. - The State filed its Answering Brief to the Commission's
submission and Merits Report and pleadings and motions brief (hereinafter "answering
brief") on September 29, 2021. In said brief, the State requested that "a complete
dismissal be ordered with respect to the alleged violations of Articles 8, 9, 13, 23 and
25 of the American Convention in relation to Articles 1 and 2 of the same text in this
case" and that all of the claims and reparations requested in the case be rejected.
8.
Legal Assistance Fund. - By Note of the Clerk of the Court dated March 7, 2022,
the alleged victim's request to avail himself of the Victims' Legal Assistance Fund was
declared admissible.
9.
Public Hearing. - By Order of March 29, 2022, the Presidency of the Court
summoned the parties and the Commission to a public hearing on the merits and possible
reparations and costs in this case.4 The public hearing was held on May 9 and 10, 2022,
within the framework of the 148th Regular Session, held in San José, Costa Rica.5 During
the hearing, statements were received from three witnesses offered by the
representative and an expert witness offered by the State, and the Judges of the Court
requested certain information and explanations from the parties and the Commission.
2
As Main Prosecutor, State appointed Juan Rafael Caballero González, Prosecutor General of the
Republic, and Roberto Benítez Fernández, then General Director of Human Rights of the Ministry of Foreign
Affairs, as Alternate Prosecutor. Subsequently, the Alternate Prosecutor was replaced by appointing Jorge
Brizuela, Director General of Human Rights of the Ministry of Foreign Affairs.
3
The alleged victim is represented in the proceedings before the Court by attorney Jacinto Santa María.
Cf. Case of Nissen Pessolani v. Paraguay. Resolution of the President of the Inter-American Court of
Human
Rights.
March
29,
2022.
Available
at
https://www.corteidh.or.cr/docs/asuntos/nissen_pessolani_29_03_22.pdf. On April 28, 2022, the Court
declared the appeal for reconsideration filed by the State against the Presidential Resolution of March 29, 2022,
at
to
be
inadmissible.
Available
https://www.corteidh.or.cr/docs/asuntos/nissen_pessolani_28_04_22.pdf.
4
The following parties appeared at the hearing: (a) for the Inter American Commission: Carlos Bernal
Pulido, Commissioner, and Carla Leiva, counsel; (b) for the representation of the alleged victim, Alejandro
Nissen Pessolani and Jacinto Santa María; and (c) for the State of Paraguay: Miguel Ángel Villalba Rodríguez,
Andrea María Arriola Ortega, Jorge Brizuela, José Félix Estigarribia, Raquel Cáceres Noguera, Rodolfo Barrios
Duba, Belén Diana Franco, Mario Fabián Silva, and Sergio Benítez.
5
4