9
47.
On November 2, 2005 the Secretariat, following the President’s instructions,
requested that the Commission forward the evidence indicated by the common
intervener in her brief of October 17, 2005 (supra para. 44).
48.
On November 4, 2005 the Commission presented a brief through which it
forwarded the originals of 3 statements of alleged victims, in response to the request
of evidence made on November 2, 2005 (supra para. 47). The appendixes to said
brief were presented on November 7, 2005.
49.
On November 6, 2005 the common intervener presented a brief, through
which she forwarded her observations to the “correction of the appendixes” made by
the Commission and she referred to the “[d]ocumentation regarding the initial
processing” before the Commission. She stated that it did not include “any of the
evidence produced in the presence of both parties corresponding to the years prior to
the joining of case files 11,015 and 11,769-B.” (supra para. 16) Due to the
aforementioned she requested that the Commission “correct [said] omission” and
that the two-month term to present the brief of pleadings and motions be computed
“based on the receipt of [the] application and its legible and complete appendixes.”
Regarding the last request, the Secretariat, following the Tribunal’s instructions,
reiterated that stated in the Secretariat’s note of November 2, 2005 (supra para.
46), in the sense that the term to present the brief of pleadings and motions is
unpostponable and starts as of the day on which the application is notified. Likewise,
the common intervener was informed that she would later be offered the opportunity
to present final oral and written arguments.
50.
On November 10, 2005 the State appointed Mr. Oscar Manuel Ayzanoa Vigil
as Agent.
51.
On November 29, 2005 the Secretariat, following the President’s instructions,
asked the Commission to “indi[cate] if in the proceedings before said body, it had
received evidence ‘in adversarial proceedings’ that were not previously sent to the
Tribunal, pursuant to that stated in Article 44(2) of the Rules of Procedure of the
Court, and if so, to forward them as soon as possible.” Likewise, on that day the
Secretariat sent a note to the State, through which it asked it to forward with its
response to the petition and observations to the pleadings, motions, and evidence
the documentation regarding domestic investigations and the legislation applicable to
the case requested by the Commission in paragraph 202 of its application.
52.
On December 16, 2005 the Commission presented a brief with appendixes,
through which it forwarded its response to that requested through note of November
29, 2005 (supra para. 51). The Commission indicated, inter alia, that “it had not
omitted sending to the Tribunal any evidentiary element that it considered relevant
for the case […].” It also forwarded four documents that included “some reference to
the facts [of the] case,” spreading upon the record that the Commission “considered
that they only reiterated evidence included in the process through other actions.”
53.
On December 20, 2005 the common intervener forwarded her brief of
pleadings and motions, in which she enclosed documentary evidence and offered
testimonial evidence and expert assessments which she accompanied with
documentary evidence and testimonial evidence. Likewise, it enclosed a brief of 12
pages and its appendixes and stated that it was from “a group of [alleged] victims
represented by other representatives.” On December 26, 2005 she presented the
appendixes to the brief of pleadings and motions.