5
references to the history, situation and organization of the indigenous people of the
Atlantic Coast of Nicaragua be considered replicated.”
26.
On January 21, 2005, the State submitted a brief in which it indicated that it
was opposed to the Commission’s request regarding the incorporation of the expert
evidence from the Mayagna (Sumo) Awas Tingni Community case (supra para. 25).
On January 25, 2005, the representatives remitted to the Court a brief in which they
expressed their support for the Commission’s said request (supra para. 25).
27.
On January 25, 2005, the State submitted a brief, to which it attached a list
from the Supreme Electoral Council of the mayors, deputy mayors and councilors
elected in the municipal elections of November 7, 2004, as documentary evidence
“recently issued in relation to the municipal electoral process in Nicaragua.”
28.
On January 28, 2005, the President issued an order in which he called upon
Centuriano Knight Andrews, Nancy Elizabeth Henríquez James and Eklan James Molina,
proposed as witnesses by the Commission and the representatives, and also Hazel Law
Blanco and Cristina Póveda Montiel, proposed as witnesses by the representatives, to
provide their testimonies by means of statements before notary public (affidavits). He
also called upon María Luisa Acosta Castellón, proposed as an expert witness by the
Commission, Manuel Alcántara Sáez, proposed as an expert witness by the
representatives, and Mauricio Carrión Matamoros and Lydia de Jesús Chamorro
Zamora, proposed as expert witnesses by the State, to provide their expert reports by
means of statements before notary public (affidavits). In the same order, the President
convened the parties to a public hearing to be held at the seat of the Inter-American
Court, starting on March 9, 2005, to hear their final oral arguments on the preliminary
objections and merits, reparations, and costs, and the testimonial statements of Jorge
Teytom Fedrick and Brooklyn Rivera Bryan, proposed by the Inter-American
Commission and endorsed by the representatives, the testimonial statements of John
Alex Delio Bans and Anicia Matamoros de Marly proposed by the representatives, and
also the expert evidence of Robert Andrés Courtney Cerda, proposed as an expert
witness by the Commission, María Dolores Alvarez Arzate, proposed as an expert
witness by the representatives and Carlos Antonio Hurtado Cabrera and Marvin Saúl
Castellón Torrez, proposed as expert witnesses by the State. In addition, in this order,
the President informed the parties that they had until April 11, 2005, to present their
final written arguments on the preliminary objections and merits, reparations, and
costs.
29.
On February 8, 2005, the State forwarded the sworn written statements made
before notary public (affidavits) of two expert witnesses (supra para. 28).
30.
On February 15, 2005, the Inter-American Commission remitted the sworn
statement made by one witness, and also the sworn written statement made before
notary public (affidavit) by an expert witness (supra para. 28). On the same date, the
representatives presented sworn written statements made before notary public
(affidavits) by three witnesses, and the sworn statement made by one witness, and
stated that “they would abstain from presenting the expert report of Manuel Alcántara”
(supra para. 28).
31.
On February 23, 2005, the Commission forwarded the sworn statement made
by the expert witness, Robert Andrés Courtney Cerda, who had been called upon by
the President to provide his expert evidence at the public hearing (supra para. 28),