41.
Bearing in mind the provisions of Article 50(1) of the Rules and the indications of
the Commission, the representatives and the State in their definitive lists of
deponents, the object of the statements offered, as well as the principle of procedural
economy, the President deems it appropriate to receive, through affidavits rendered
before a notary public, the statements described in the Operative paragraph 1 of this
Order.
42.
The President recalls that Article 50(5) of the Court’s Rules of Procedure allows
alleged victims or their representatives and the State the possibility of submitting a list
of questions to those persons summoned to render statements before a notary public.
In application of this provision, the President grants an opportunity to the
representatives and the State, as well as to the Commission, as applicable, (supra
Considering para. 39), to present, if they so wish, any questions considered pertinent
to the deponents and expert witnesses offered in the aforementioned Operative
paragraph. Upon rendering their statements before a notary public, the deponents
must respond to those questions, unless the President decides otherwise. The
statements and expert opinions shall be transmitted to the Commission, the State and
the representatives. In turn, the State and the representatives, as well as the
Commission, may present any observations deemed pertinent within the term
indicated. The corresponding time limits shall be specified infra in Operative
paragraphs 2, 3, 4 of this Order. The Court shall assess the evidentiary value of these
statements in due course, taking into account the points of view, if any, expressed by
the State in exercise of its right to defense.
2. Statements and expert opinions to be rendered at a public hearing
43.
The Court records in the instant case are now ready for the opening of the oral
proceedings regarding the merits and possible reparations and costs, and therefore the
President deems it pertinent to convene a public hearing to receive the statements of
an alleged victim, one witness and two expert witnesses proposed by the
representatives, the Commission and the State and specified in Operative paragraph 5
of this Order.
G) Final oral and written arguments and observations
44.
The representatives and the State may present to the Court their final oral
arguments regarding the preliminary objections and possible merits and reparations in
this case, respectively, once the statements and expert opinions have been rendered.
As established in Article 51(8) of the Rules of Procedure, once the arguments have
concluded, the Inter-American Commission may present its final oral observations.
45.
According to Article 56 of the Rules of Procedure, alleged victims or their
representatives, the State and the Commission may submit their final written
arguments and final written observations, respectively, regarding the preliminary
objection and possible merits, reparations and costs, within the term established in
Operative paragraph 3 of this Order.
THEREFORE:
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