The briefs of October 26 and 27, 2012, in which the representatives, the State
and the Commission submitted their observations to the definitive lists of deponents.
The Inter-American Commission objected to the three expert witnesses proposed by
the State. The State, for its part, challenged the expert witness proposed by the
Commission and the two expert witnesses proposed by the representatives.
The briefs of November 16 and 19, 2012, in which the expert witnesses
challenged responded to the observations submitted by the Commission and by the
The offer and admission of evidence, together with the summons of alleged
victims, witnesses and expert witnesses, are regulated in Articles 35(1)(f), 40(2)(c),
41(1)(c), 46, 47, 50 and 57 of the Court’s Rules of Procedure.
The Commission and the parties submitted their proposed deponents at the
proper procedural stage (supra Having Seen 1, 2 and 3).
The Court guaranteed the parties the right of defense in respect of the offers of
evidence contained in their briefs submitting the case, of pleadings and motions and
the answer brief, as well as in their definitive lists.
As regards the statements offered by the parties which have not been objected
to, the President considers it appropriate to obtain this evidence, so that the Court
may assess their value at the proper procedural moment, within the context of the
existing body of evidence and according to the rules of sound judgment. The object of
these statements and the manner in which they will be rendered shall be decided in
the operative part of this Order (infra Operative paragraphs).
In this Order the President will examine the following aspects in particular: a)
the tacit withdrawal of some statements; b) the admissibility of the expert evidence
offered by the Inter-American Commission; c) the State’s objection to the expert
witnesses proposed by the representatives; d) the Commission’s objection to the
expert witnesses proposed by the State; e) the Commission’s request to submit
questions to the expert witnesses offered by the representatives and by the State; f)
the manner in which the statements and expert opinions will be received, and g) the
final oral and written arguments and observations.
A) Tacit withdrawal of some statements
The President notes that in the brief of pleadings and motions the
representatives offered as testimonial evidence the statements of Ramiro Rivera, Julio
González, Marcelo Dotti, Guillermo Landázuri, Julio César Trujillo, Agustín Grijalva and
Luis Pásara. However, when presenting their definitive list of deponents, the
representatives did not refer to those statements. According to Article 46(1) of the
Rules, the proper procedural moment for the representatives to confirm or withdraw
the statements offered in their brief of pleadings and motions is in the definitive list


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