4
with its appendixs to the State and informed it about the time limits for answering
the application and appointing its representatives in the proceeding. On the
instruction of the President, the Secretariat also informed the State of its right to
appoint a judge ad hoc to take part in the consideration of the case.
15.
On July 8, 2003, pursuant to the provisions of Article 35(1)(d) and (e) of the
Rules of Procedure, the Secretariat notified the application to Carolina Loayza
Tamayo and Javier J. Ríos Castillo, as representatives of the alleged victim, and
advised them that they had 30 days to submit their brief with requests, arguments
and evidence (hereinafter “brief with requests and arguments”).
16.
On August 6, 2003, the State appointed Sócrates Hernán Grillo Bockos and
Doris M. Yalle Jorges as agent and deputy agent, respectively. The State also
proposed César Rodrigo Landa Arroyo as Judge ad hoc to hear the instant case.
17.
Having been granted an extension, the alleged victim’s representatives
forwarded their brief with requests and arguments on September 3, 2003.
18.
After it had also been granted an extension, the State submitted its answer to
the application on October 8, 2003.
19.
On December 19, 2003, the alleged victim’s representatives forwarded
documentation “originating after the presentation of their brief” with requests and
arguments.
20.
On February 20, 2004, César Rodrigo Landa Arroyo, Judge ad hoc proposed
by the State to hear the case (supra para. 16), advised that he had been called on to
assume the office of Deputy Minister of Justice of Peru, which was incompatible with
his participation as Judge ad hoc.
21.
On March 2, 2004, the State consulted about the possibility of granting a
“temporary suspension” to the Judge ad hoc appointed to the case, while he
performed his functions as Deputy Minister of Justice.
22.
On March 5, 2004, on the instructions of the President, the Secretariat
informed the State that “in this case, the temporary suspension of the position of
judge ad hoc was not admissible, because, according to Article 18(1) of the Statute
of the Inter-American Court of Human Rights, the positions and activities of
members or high-ranking officials of the Executive branch of Government are
incompatible with the exercise of the functions of a judge of the Inter-American
Court.” Consequently, pursuant to the practice of the Court, the State was invited to
appoint a new judge ad hoc within 30 days, in the understanding that, if it did not do
so, it would be considered that the State had waived this possibility. The State did
not appoint a new judge ad hoc.
23.
On May 19, 2004, the President issued an order in which, in accordance with
Article 47(3) of the Rules of Procedure, he called upon María Teresa De La Cruz
Flores and Abdón Segundo Salazar Morán, proposed as witnesses by the
Commission, to provide their testimony by statements made before notary public
(affidavits), which should be forwarded to the Court by June 8, 2004, at the latest;
the affidavits would then be forwarded to the alleged victim’s representatives and to
the State so that they could submit any comments they deemed pertinent. The
President also called upon Mario Pablo Rodríguez Hurtado and José Daniel Rodríguez