Merits and to order the State to carry out the measures of reparation included in that
report.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representative of the alleged victims. The
representative of the alleged victim2 (hereinafter “the representative”) and the State
were notified of the submission of the case on May 10, 2021.
6.
Brief with pleadings, motions and evidence. On June 22, 2021, the representative
presented the brief with pleadings, motions, and evidence (hereinafter “pleadings and
motions brief”) pursuant to articles 25 and 40 of the Rules of Procedure. The
representative substantially agreed with the Commission's arguments and made
additional arguments on the merits. He also asked that Costa Rica be ordered to adopt
several measures of reparation complementary to ones requested by the Commission.
7.
Answering brief. On October 13, 2021, in a letter from the Office of the Registrar,
the State was informed that the deadline for submitting the answering brief had passed
without it being received. It was therefore informed that the processing of the case would
continue without the answering brief. On October 15, 2021, the State reported that the
answering brief had not been submitted due to human error and reiterated its interest
in continuing to process the case.3
8.
Public hearing. On February 17, 2022, the President of the Court issued an order
calling the parties and the Commission to a public hearing on eventual merits,
reparations, and costs, and to hear the oral pleadings and final observations of the
parties and of the Commission, respectively.4 Due to the exceptional circumstances
caused by the COVID-19 pandemic, and in accordance with the provisions of the Court's
Rules of Procedure, the public hearing was held via videoconference on March 24, 2022,
during the 147th regular sessions of the Court.5
9.
Amicus curiae. The Tribunal received an amicus curiae brief from the International
Human Rights Practicum of the Boston College of Law.6
2
Jorge Emilio Regidor Umaña represented the victim.
The State appointed Natalia Córdoba Ubate, legal director of the Ministry of Foreign Affairs, and
Fernando Castillo Padilla, lawyer of the Constitutional Chamber of the Supreme Court of Justice, as agents in
the case.
3
Cf. Case of Guevara Díaz v. Costa Rica. Call to hearing. Order of the President of the Inter-American
Court
of
Human
Rights
of
February
17,
2022.
Available
at:
https://www.corteidh.or.cr/docs/asuntos/guevara_diaz_17_02_22.pdf.
4
This hearing was attended by: (a) on behalf of the Inter-American Commission: Edgar Stuardo Ralón
Orellana, Marisol Blanchard, Jorge Meza Flores, and Christian González; (b) on behalf of the representatives:
Jorge Emilio Regidor Umaña and Luis Fernando Guevara Díaz, (c) on behalf of the State: Natalia Córdoba
Ulate, Fernando Castro Padilla, José Carlos Jiménez Alpízar, Rodolfo Lizano Ramírez, Alberto David Guzmán
Pérez, and Maripaz de la Torre Herrera.
5
The brief, signed by Daniela Urosa, Estelle Davrieux, Nathaniel Jaffe, Andrian Lee, Jane Yu, and Raad
Alsowaying, offers considerations regarding the scope of the right to work and the right to equality and nondiscrimination with regard to intellectual disability, as well as the positive obligations that the state has to
protect those rights.
6
4