the Court’s administrative and financial autonomy, which is not attached to any
function of the State.”
32.
The expert witness Ávila responded to the Commission’s objection by stating
that “an employment relationship is not based on belonging to a department of the
State in the case of the Constitutional Court, since on human rights matters the
defense or conviction does not relate to that institution, but to the State as a whole.”
33.
Regarding the disqualification of these expert witnesses, this Presidency
emphasizes that the admissibility or not of an objection is a procedural matter that
essentially concerns the State and the representatives as opposing parties.
Consequently, in the specific context of this case, it is not possible to rule on this
request by the Commission.
E) Request by the Commission to submit questions to expert witnesses
offered by the representatives and by the State
34.
In its observations to the definitive lists, the Commission requested “a verbal or
written opportunity to submit questions to the expert witnesses Rafael Oyarte and
Alejandro Ponce Villacís, proposed by the representatives, [as well as to expert
witness] Luis Ávila Linzan, offered by the State,” whose statements “are related both
to the inter-American public order and to the subject matter of the expert opinion
offered by the Inter-American Commission.”
35.
In particular, the Commission pointed out that “the expert opinion of [Mr.] Ponce
Villacís, regarding international standards on the independence of the Judiciary is
directly related to the issues of judicial guarantees and judicial protection in the
proceedings for the dismissal of judges, which [Mr.] Despouy will address in his expert
opinion.” The Commission further stated that “the expert opinion of Mr. Oyarte on the
current regulatory framework in Ecuador, and the expert opinion of Mr. Ávila Linzan on
the institutional development of the country’s Constitutional Court, complement the
expert opinion rendered by Dr. Despouy on international standards and the situation of
High Court judges, through their application to the specific case of the legalinstitutional system of a particular State.”
36.
With regard to the Commission’s request, the President recalls the provisions of
the Rules of Procedure regarding the reception of statements proposed by the
Commission, and also in relation to its authority to interrogate the deponents offered
by the other parties.5 In particular, it is pertinent to recall Article 50(5) of the Rules of
Procedure which states that “… alleged victims or their representatives, the
respondent State and, if applicable, the petitioning State, may formulate questions in
writing for the deponents offered by the opposing party and, if applicable, by the
Commission, who have been summoned by the Court to render their statements
through affidavits.” This provision should be read in conjunction with Article 52(3) of
the Rules, which allows the Commission to interrogate expert witnesses presented by
the parties, “if authorized by the Court upon receiving a well-founded request therefor,
when the inter-American public order of human rights is affected in a significant
manner and the statement in question concerns a topic included in the statement of an
5
Cf. Case of González Medina and Family v. Dominican Republic, Considering para. 48, and Case
Luna López v. Honduras. Order of the President of the Court of December 20, of 2012, Considering para. 20.
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