The Court notes with concern that more than 20 years elapsed between the lodging of
the initial petition before the Commission and the submission of the case to the Court.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and the representative. On January 12, 2022, the Court
notified the State and the representative that the case had been submitted. 4
6.
Brief with pleadings, motions and evidence. On March 11, 2022, the representative
submitted his pleadings, motions and evidence brief (hereinafter “pleadings and motions
brief”), pursuant to Articles 25 and 40 of the Rules of Procedures. The representative
largely agreed with the Commission’s arguments and asked the Court to declare the
State’s international responsibility for the violation of the same articles mentioned by
the Commission and, in addition, for the violation of Article 5(3) of the American
Convention.
7.
Answering brief. On June 20, 2022, the State presented its answering brief in
response to the Commission’s submission of the case and the Merits Report, and also to
the pleadings and motions brief (hereinafter “the answering brief”), pursuant to Article
41 of the Court’s Rules of Procedure. 5 In its brief, the State contested the alleged
violations and the reparations requested by the Commission and the representative.
8.
Public hearing. On December 14, 2022, 6 the President of the Court issued an order
calling the parties and the Commission to a public hearing to receive their final oral
arguments and observations, respectively, on the merits and possible reparations and
costs, as well as to receive the testimony of the alleged victim. A virtual public hearing
took place on January 27, 2023, during the Court’s 155th regular session. 7
9.
Final written arguments and observations. On February 25, 2023, the
representative presented his final written arguments along with several annexes. On
March 1, 2023, the State and the Commission submitted their final written arguments
and observations, respectively. The State attached several annexes to its final written
arguments.
10. Observations on the annexes to the final arguments. On March 14 and 17, 2023,
respectively, the representative and the Commission submitted their written
observations on the annexes to the State’s final written arguments. On March 17, 2023,
Lawyer Carlos Francisco Álvarez Jara represented the alleged victim in the proceedings before the Court.
The State designated Juan Rafael Caballero González, Jorge Francisco Brizuela Pérez and Rodolfo Andrés
Barrios Duba as its agents in the case.
6
Cf. Case of López Sosa v. Paraguay. Call for hearing. Order of the President of the Inter-American Court
of
Human
Rights
of
December
14,
2022.
Available
at:
https://www.corteidh.or.cr/docs/asuntos/lopez_sosa_14_12_2022.pdf.
7
The following individuals appeared at the hearing: a) for the Inter-American Commission: Erick Acuña
Pereda and Carla Leiva García, advisors to the Commission; b) for the representatives of the alleged victim:
Carlos Francisco Álvarez Jara and Rolando Alum Rojas; c) and for the State of Paraguay: Rodolfo Barrios Duba,
National Public Prosecutor; Andrea Arriola Ortega, from the Office of the National Public Prosecutor; Counselor
Jorge Brizuela Pérez, General Director of Human Rights of the Ministry of Foreign Affairs; Ambassador José
Félix Estigarribia; Counselor Miguel Candia Ibarra, Ministry of Foreign Affairs; First Secretary Mario Fabián
Silva, Ministry of Foreign Affairs; Second Secretary Sergio Benítez Irala, Ministry of Foreign Affairs; Raquel
Cáceres Noguera, from the Ministry of Foreign Affairs; Belén Diana Franco, from the Office of the National
Public Prosecutor; and Jorge Bogarín Azuaga and Fernando Cabrera Méndez.
4
5
5