State did not challenge the relevance of the object of the expert opinions offered by the
representatives, nor did it object to the persons proposed to render them. The State’s
arguments are aimed at avoiding supposed “procedural delays” or an “unnecessary increase
in the costs of the proceeding,” which are not sufficient grounds to reject them. Therefore,
considering that these expert opinions are related to the alleged facts of this case, the
President deems it useful to receive them. The object and the manner in which they shall be
rendered shall be determined in this Order.
14. Finally, when submitting its observations to the definitive list of deponents proposed
by the representatives, pursuant to Article 48(1)(c) of the Court’s Rules of Procedure, the
State objected to the expert witness Laura Dolores based on the fact that “she is a member
of the mental health team of the CELS”, in other words, of one of the organizations
representing the alleged victims. Therefore, the State considered that “her impartiality could
be seriously affected.”
15. As mentioned previously (supra Having Seen 11), Mrs. Laura Dolores Sobredo did not
submit observations to the objection made against her by the State.
16. In their brief of pleadings and motions, in offering the expert evidence of Mrs.
Sobredo, the representatives indicated that she is a “member of the mental health team of
the CELS.” Also, her curriculum vitae, in the section on “work experience”, states that since
2005 “until the present day” Mrs. Sobredo is a “Psychiatrist of the Mental Health Team of
the CELS”, and provides “psycho-legal accompaniment in trials for crimes against humanity,
expert assessments, [and participates] in research projects related to influencing public
policies.”
17. Paragraph 1 of Article 48 of the Rules states that “[a]n expert witness may be
disqualified based on the following grounds: […] c. he or she currently has, or has had,
close ties with the proposing party, or is or has been, a subordinate or the proposing party,
and the Court considers that his or her impartiality may be affected.” As indicated in the
preceding paragraph, Mrs. Sobredo works directly with the CELS, an organization which
together with CEJIL/Argentina represents the alleged victims in this case. Therefore, the
President considers that this working relationship may affect her impartiality when rendering
her expert opinion.
18. Based on the foregoing considerations, the President considers valid the
disqualification proposed by Argentina, and therefore decides not to admit the expert
opinion of Mrs. Laura Dolores Sobredo.
C.
Manner in which the statements of the alleged victims and the expert
opinions shall be rendered
19. It is necessary to ensure knowledge of the truth and the most complete presentation
of the facts and arguments by the parties, insofar as these are pertinent to resolving the
matters in dispute, guaranteeing both the right of the parties to defend their respective
positions and the Court’s possibility of adequately examining the cases submitted to its
consideration, bearing in mind that their number has grown considerably and is increasing
constantly. It is also necessary to guarantee a reasonable term in the length of the
proceeding, as required for effective access to justice. Accordingly, it is essential to receive
the greatest possible number of testimonies and expert opinions through affidavits, and that
the Court hear those alleged victims, witnesses and expert witnesses whose direct