6
17.
On May 20, 1998, the Commission presented its observations, in which it
requested the Court to reject “the preliminary objections as they were inadmissible
and time-barred” and order “the proceeding on the merits of the case to continue”.
18.
On June 29, 1998, the State presented its reply to the application.
19.
On December 14, 1998, the President summoned the State and the
Commission to a public hearing to be held on January 27, 1999, to hear their points
of view on the preliminary objections filed by the former. Furthermore, the President
summoned Antonio Ducreux Sánchez, Deputy Minister of Work of Panama and a
witness proposed by the State, to make a statement during the hearing.
20.
On January 19, 1999, the State appointed Jorge Federico Lee as Deputy
Agent.
21.
On January 19, 1999, Rolando Adolfo Reyna Rodríguez, in his capacity as
Judge ad hoc in the case, informed the Court that he “had participated […] [in] the
claim
JORGE A. MARTINEZ vs. INSTITUTE OF HYDRAULIC RESOURCES AND
ELECTRIFICATION which he had dismissed owing to want of jurisdiction without
beginning to hear the case”. Likewise, he advised that he “[would be] performing
the function of International Maritime Affairs in the Republic of Panama”.
Lastly, he requested the Court to “determine if [the facts described above] are
grounds for impediment”.
22.
On January 19, 1999, following the Court’s instructions, the Secretariat
requested Rolando Adolfo Reyna Rodríguez to provide information on “[the
c]haracteristics and objective of the proceeding identified as Jorge A. Martínez vs.
Institute of Hydraulic Resources and Electrification, in which […] he participated as
President of Settlement and Decision Board No. 4”, and about the “[l]ocation in the
structure of the State of Panama of the ‘International Maritime Affairs’ office or unit”.
23.
On January 22, 1999, in reply to the request dated the previous day, Rolando
Adolfo Reyna Rodríguez informed the Court that the proceeding in which he took part
as President of Settlement and Decision Board No. 4, was based on the labor claim
filed by several of the workers dismissed under Law 25, which he had rejected for
want of jurisdiction. Likewise, he advised that “in Panama, [the] maritime authority
is an autonomous institution devoted to all matters relating to merchant ships”.
24.
The same day, the Court issued an order in which it decided:
1.
To declare that Rolando Adolfo Reyna Rodríguez is prevented from exercising
the function of Judge ad hoc in the instant case.
2.
To continue hearing the case with its actual composition.
3.
To notify this decision to Rolando Adolfo Reyna Rodríguez.
25.
The public hearing on preliminary objections was held at the seat of the
Supreme Court of Justice of the Republic of Costa Rica on January 27, 1999.
There appeared before the Court
for the Republic of Panama: