1.
The offering and admission of evidence, as well as the convocation of alleged
victims, witnesses and expert witnesses are governed by articles 35.1.f, 40.2.c, 41.1.c,
46, 47, 50, and 57 of the Tribunal’s Rules of Procedure.
2.
The testimonial and expert evidence was offered by the parties in time fashion,
except for the testimonial evidence under the responsibility of Mrs. Maria Osorio Chen,
which was offered by the representatives upon the presentation of their definitive list
of declarants (supra Having Seen clause 8).
3.
In the definitive list, the representatives offered, for the first time, a statement
to be rendered by Maria Osorio Chen, alleged victim and requested the Court, in case
said offering was not admitted, to replace the offering of the statement to be rendered
by Antonia Osorio Sánchez, alleged victim, made in the brief of pleadings and motions,
by the statement of Mrs. Maria Osorio Chen. Nor the offering or its replacement was
objected by the Commission or the State.
4.
Upon confirming the only testimony offered by the State in its brief of answer,
it pointed out that Mr. Manuel Geovanni Vásquez Vicente, person who shall render
such a statement, “had been proposed as Deputy Prosecutor of the Unit of Special
Cases regarding the Internal Armed Conflict of the Human Rights Section of the Office
of the Prosecutor”, but that on March 6, 2012, the Office of the Prosecutor had
informed that said person was reassigned to another office. Therefore, the State
indicated that Mr. Vásquez Vicente would render his statement about the actions taken
related to the investigation, proceeding and punishment in the instant case, as it was
offered in the brief of answer, but up to December 2011, in view of the situation
previously mentioned. Nor the Commission or the representatives objected to the time
frame of the object of said statement.
5.
The Court ensured the parties the right to defense regarding the evidence
offered in their brief submitting the case, brief of pleadings and motions and brief of
answer, as well as in their definitive lists (supra Having Seen clauses 9 and 11).
6.
Nor the Inter-American Commission or the representatives and the State
objected to the definitive lists, respectively. The State only referred to the manner in
which the testimonies and expert opinions offered by the representatives should be
rendered, an issue that falls upon the President to determine, but it did not object to
the relevance of said items of evidence or the persons proposed to such end.
7.
The President considers convenient to gather the evidence offered by the
representatives and the State which was not objected, in order for the Tribunal to
assess it in time fashion, within the context of the existing body of evidence and based
on sound judgment. This Presidency shall define the object of these statements and
the manner in which they shall be received in this Order (infra operative paragraphs 1
and 5).
8.
In this Order, the following aspects shall be addressed: a) expert evidence
offered by the Inter-American Commission; b) the Inter-American Commission's
request to interrogate one of the expert witnesses offered by the representatives; c)
representatives' request for an interpreter in relation to the statements of the alleged
victims; d) manner of the statements of the alleged victims and witness, and expert
opinions, and e) arguments and final written and oral observations.
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