testimony is truly indispensable at a public hearing, taking into account the circumstances
of the case and the object of the testimonies and expert opinions.
C.1.
Statements to be rendered by affidavit
20. Bearing in mind the provisions of Article 50(1) of the Rules and the indications of the
representatives in their definitive list of deponents (supra Having Seen 7), the object of the
statements offered, as well as the principle of procedural economy, the President deems it
appropriate to receive, through affidavits rendered before a notary public, the statements of
the following alleged victims: Nilda Gutiérrez, Francisco Virgilio Gutiérrez, Jorge Gabriel
Gutiérrez, David Gutiérrez and Marilín Gutiérrez, all offered by the representatives. Also, the
President considers it pertinent to receive by affidavit the expert opinions of Mrs. María
Victoria Pita and Mrs. Lila Caimari, and of Messrs. Ricardo Favarotto, Gabriel Eduardo Pérez
Barberá, Alejandro Rúa, Luis María Chichizola, Julián Axat and Ignacio Cano, offered by the
representatives.
21. In application of Article 50(5) of the Court’s Rules of Procedure, the President
proceeds to grant the State an opportunity to submit, if it so wishes, any questions
considered pertinent to the deponents and expert witnesses offered by the representatives
and mentioned in the preceding paragraph, as appropriate. Upon rendering their statements
before a notary public, the deponents must respond to those questions, unless the President
decides otherwise. The corresponding time limits shall be specified in Operative paragraph 2
of this Order. The aforementioned statements shall be transmitted to the Inter-American
Commission, the representatives and the State. In turn, the State may present any
observations deemed pertinent within the term indicated in this Order (infra Operative
paragraph 4). The Court shall assess the evidentiary value of these statements in due
course, taking into account the points of view, if any, expressed by the State in exercise of
its right to defense.
C.2.
Statements to be received at a public hearing
22. The Court records in the instant case are now ready for the opening of the oral
proceedings regarding the merits and possible reparations and costs, and therefore the
President deems it appropriate to convene a public hearing to receive the statement of Nilda
Maldonado de Gutiérrez, alleged victim, and the expert opinion of Alberto Binder, both
proposed by the representatives.
D.
Final oral and written arguments and observations
23. The representatives and the State may present to the Court their final oral arguments
regarding the merits and possible reparations and costs, once the statements of the alleged
victim and the expert witness have been rendered at the public hearing. As established in
Article 51(8) of the Rules, once the arguments of the representatives and the State have
concluded, the Inter-American Commission shall present its final oral observations.
24. According to Article 56 of the Rules of Procedure, alleged victims or their
representatives, the State and the Commission may submit their final written arguments