6
II
PROCEEDING BEFORE THE COURT
8.
The application was notified to the State11 and to the representatives on
September 11, 2008. During the proceedings before this Court, apart from the
presentation of the main briefs submitted by the parties (supra para. 1, 4, and 6) the
President of the Court (hereinafter “the President”), through the Order of May 18,
2009,12 ordered the submission of the sworn declarations (affidavits)13 of two alleged
victims and two expert opinions, proposed by the parties.14 Additionally, in the same
Order the parties were convened to a public hearing in order to hear the statements
of two alleged victims, one witness, and two expert witnesses proposed by the
Commission and the representatives, as well as the final oral arguments on the
preliminary objection and possible merits, reparations, and costs15. Finally, the
President established the term for the parties to submit their corresponding briefs on
final arguments until August 18, 2009.
9.
On June 30 and July 7, 2009 the representatives submitted to the Court
supervening evidence, based on Article 46.3 of the Rules of Procedure, including new
records of the domestic proceedings, journalistic notes, and a list of attorneys “who
owe money […] due to use of the appeal for legal protection in a notoriously
inadmissible manner,” which were forwarded to the Commission and the State, so
that they could submit their observations.
10.
The public hearing was held on July 14, 2009 during the XL Extraordinary
Period of Sessions of the Court,16 held in the city of La Paz, Bolivia.
11.
On July 28, 2009, Daniel Rothenberg and Daniel Thoman, representing the
International Human Rights Law Institute of the University of DePaul, College of Law,
submitted a brief as amicus curiae, on the doctrine of “superior responsibility”
established in international law.
12.
On August 18, 2009 the State, the Commission, and the representatives
submitted their written briefs on final arguments on the preliminary objection and
possible merits, reparations, and costs. The State and the representatives added
some appendixes to their arguments. On September 28, October 5 and 6, 2009, the
representatives, the State, and the Commission submitted, respectively, their
observations on the appendixes to the written briefs on final arguments.
13.
On September 3, 2009, the Secretariat, following the President’s instructions,
and in accordance with Article 45 of the Court’s Rules of Procedure, required the
Inter-American Commission and the representatives to provide certain information or
11
When the State was notified of the application it was informed of its right to appoint a Judge ad
hoc for the consideration of the case. On October 2, 2008 the State appointed Ramón Cadena Rámila.
12
Cf. Case of the”Las Dos Erres” Massacre v. Guatemala. Order of the President of the Court of May
18, 2009.
13
On June 9, 2009, the representatives decided to not proceed with the statement by Amílcar
Salazar Castillo, alleged victim of the case.
14
On May 14, 2009 the State submitted its observations on the final list of witnesses and expert
witnesses offered by the representatives, and objected to the statement by Marco Antonio Garavito
Fernández.
15
16
Cf. Case of the”Las Dos Erres” Massacre v. Guatemala. Order of the Court of July 6, 2009.
The following appeared at this hearing: a) for the Inter-American Commission: Isabel Madariaga,
Juan Pablo Albán Alecastro and Angelita Baeyens, attorneys; b) for the representatives: Viviana Krsticevic,
Marcela Martino, Marcia Aguiluz, Carlos Pelayo and Aura Elena Farfán and c) for the State: Dora Ruth del
Valle Cóbar, President of the Presidential Human Rights Commission (COPREDEH), Delia Marina Dávila
Salazar, Agent, María Elena de Jesús Rodríguez López, Deputy Agent, and Sara Elizabeth Romero, advisor.