some of the judges of the Court.”3 Moreover, the State denied its international
responsibility for the violation of the rights argued by the other parties. The State
appointed Mr. Germán Saltrón Negreti as Agent in this case.
II
PROCEEDINGS BEFORE THE COURT
7.
By way of the Order of December 23, 2010,4 the President (hereinafter "the
President") ordered the submission of sworn statements rendered before a notary public
(affidávit) of a witness proposed by the State and four expert witnesses, two proposed by
the Commission, one proposed by the representatives, and the other by the State.
Moreover, the President summoned the parties to a public hearing to hear the statements
of the alleged victim, proposed by the Commission; of one witness proposed by the
State; and of four experts, two proposed by the representatives and two by the State; as
well as to hear the final oral arguments of the parties on the merits and possible
reparations and costs in this case.
8.
On January 25, 2011, the Inter-American Commission reported that Mr. Fabián
Aguinaco Bravo, expert witness proposed by it, "regrettably, did not [have] 'the time
necessary to draft the [expert report] required" in the Order of December 23, 2010
(supra para. 7). Therefore, the Commission "request[ed] the substitution of [Mr.]
Aguinaco Bravo with [Mr.] Pedro Salazar Ugarte, […], in order for the latter to make
reference to the same points in the expert report." In this regard, by means of a note of
the Secretariat on January 31, 2011, it was noted that: i) the Commission filed a list of
final declarants on November 8, 2010, wherein it confirmed the proposal for the expert
witness, Mr. Aguinaco; ii) legal notice of the summons order to the public hearing was
given to the parties on December 23, 2010, and a period of more than one month was
granted to present the expert reports; iii) on January 4, 2011, the Commission requested
an extension in order to present the statements before a notary public of the experts
summoned in the Order and did not allude to the situation of Mr. Aguinaco—request
which was granted, and iv) a clear and specific situation of force majuere was not argued
to justify the granting of this request. Given the above mentioned, the request for
substitution is denied.
9.
The public hearing was held on March 1 and 2, 2011, during the 90th Regular
Period of Sessions of the Court,5 carried out at the seat of the Court, in the city of San
Jose, Costa Rica.
3
The President in exercise of the Inter-American Court of Human Rights, Judge Alberto Pérez Pérez,
issued an Order on September 3, 2010, in relation to preliminary objection filed in the answer to the
application. In this order, inter alia, he declared that “the allegation of bias in the role of the Judges that make
up the Court, presented by the State as a preliminary objection is not of that nature.” Similarly, he stated that
it corresponds that the Court, as a whole, to continue hearing the case until it is concluded. Case of López
Mendoza V. Venezuela. Order of the President in exercise of the Inter-American Court of Human Rights of
Septemeber 3, 2010. Available at: http://www.corteidh.or.cr/docs/asuntos/López.pdf
4
Order of the President of the Inter-American Court of Human Rights of December 23, 2010. Available
at: http://www.corteidh.or.cr/docs/asuntos/López1.pdf
5
At the hearing, the following were present: a) for the Inter-American Commission: Paulo Sérgio
Pinheiro, Commissioner; Elizabeth Abi-Mershed, Deputy Executive Secretary; Lilly Ching Soto, legal advisor, and
Silvia Serrano Guzmán, legal advisor; b) for the representatives: José Antonio Maes, Enrique J. Sánchez Falcón,
Carlos Vecchio, Bernardo Pulido Márquez, and Juan Carlos Gutiérrez, and c) for the State: Germán Saltrón
Negretti, State Agent for Human Rights; Alexander Elías Pérez Abreu; Luisangela Andarcia, Attorney of the
State Agency, and Mónica Gioconda Misticchio Tortorella.
7