II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representative. - The submission of the case was notified
to the State and the representative of the alleged victims2 (hereinafter referred to as "the
representative") through a communication dated August 25, 2021.
6.
Brief with pleadings, motions, and evidence. – The representatives did not submit a brief
with pleadings, motions, and evidence within the term provided in Article 40(1) of the Court Rules
of Procedure (hereinafter the "Rules").3
7.
Answering Brief.4 - On January 17, 2022, the State submitted its brief of preliminary
objections answering the submission of the case (hereinafter "answering brief") pursuant to Article
41 of the Rules of Procedure of the Court. In this brief, the State submitted two preliminary
objections and rejected the alleged violations and the measures of reparation requested by the
Commission.
8.
Observations on the preliminary objections. – On March 23, 2022, the Commission
presented its observations on the preliminary objections raised by the State. The representatives
did not present observations against these objections.
9.
Public Hearing. – By Resolution of December 1, 2022,5 the President of the Court called the
parties and the Commission to a public hearing that was held on February 3, 2023, during the
155th Ordinary Session of the Court, in San José, Costa Rica.6 During the course of the hearing,
statements were received from two of the alleged victims, called by the Court ex officio, and from
an expert witness who was proposed by the Commission. Furthermore, the State acknowledged
its responsibility for the violation of Articles 8(1) and 25(1) of the American Convention on Human
Rights, in relation to Article 1(1) of the same instrument.
10.
Final written arguments and observations. - On March 3, 2023, the Commission submitted
its final written observations. On the same date, the State and the representatives submitted their
respective final written arguments and annexes. In its final written arguments, the State reiterated
the acknowledgement of responsibility made during the public hearing and withdrew the two
The alleged victims are represented in the proceedings before the Court by attorney Renato Javier Villacís Tubon.
Through a note transmitted to the parties and the Commission on October 22, 2021, the Court Registrar, following
instructions from the Presidency, granted an exceptional extension of the term to submit the brief with pleadings, motions,
and evidence, in response to the request made by the representatives due to his health condition. However, such brief was
also not submitted during the additional term granted, therefore, through a communication dated November 17, 2021, the
Court Registrar informed the parties and the Commission that, following the instructions of the Presidency, the processing
of the case would continue.
4
The State appointed María Fernanda Álvarez Alcívar as the principal agent and Mirella Tonato Chica, Carlos Espín
Arias, and Alonso Fonseca Garcés as alternate agents.
5
Cf. Núñez Naranjo et al. v. Ecuador. Call to hearing. Resolution of the President of the Inter-American Court of Human
Rights of December 1, 2022. https://www.corteidh.or.cr/docs/asuntos/nunez_naranjo_01_12_2022.pdf.
6
The following appeared at this hearing: a) for the Inter-American Commission: Erick Acuña Pereda and Daniela
Saavedra, legal advisors of the Commission; b) the representative: Renato Javier Villacís Tubon, and c) by the State: María
Fernanda Álvarez Alcívar, National Director of Human Rights; Sebastián Vallejo Constantine, Deputy Director of Human
Rights; Juan Carlos Álvarez León and Alonso Fonseca Garcés, lawyers.
2
3
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