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determination of refugee status. This training should include the
standards described in the instant merits report. The State should also
adopt other measures to ensure non-repetition in order to make certain
that the practices of domestic authorities in these two spheres are
compatible with the American Convention in the terms described in this
report.
Besides the need to obtain justice for the victims, this case involves issues of
inter-American public order. This is the first case submitted to the Court's jurisdiction
involving violations that occurred in the context of a proceeding to apply for recognition
of refugee status. Furthermore, given that the family was returned without a serious
determination of the potential risk they faced in their country of origin, the instant case
will allow the Court for the first time to address the principle of non-refoulement in a
contentious case. These aspects must also be analyzed in light of the special obligations
of protection and the best interests of the child.
Given that these matters have a relevant effect on inter-American public order, in
accordance with Article 35(1)(f) of the Inter-American Court's Rules of Procedure, the
Commission takes the liberty of offering the following statements regarding expert
witnesses:
Juan Carlos Murillo, who shall testify on the scope and content of the right to
seek and receive asylum, and on the principle of non-refoulement. The expert witness
shall analyze the relationship that exists between these rights and the right to a fair trial
and judicial protection. In his or her analysis, the expert witness shall refer to the
guarantees that must be respected in any proceeding to determine the refugee status of
a person in order for that proceeding to be compatible with applicable international
standards. Further, the expert witness shall offer the Court a comparative perspective
vis-à-vis other human rights protection systems, including the universal system and
other regional systems.
Pablo Ceriani, who shall testify on the rights of children applying for recognition
of refugee status, in light of international human rights law. The expert witness shall refer
to the special obligations of protection and to the principle of the best interests of the
child, in the context of proceedings of this nature.
The curricula vitae of the proposed experts will be included in the attachments to
the report on the merits No. 136/11.
The Commission wishes to inform the Court that Ms. J. is representing herself in
the instant case. The contact data that the Commission possesses are:
Rosaura Acuña
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Signed in the original
Elizabeth Abi-Mershed
Deputy Executive Secretary