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their brief with pleadings, motions and evidence (hereinafter “pleadings and motions brief”),
pursuant to Articles 25 and 40 of the Court’s Rules of Procedure. In said brief they alleged the
violation of Articles 3, 4, 5, 6, 7, 8, 11, 12, 16, 19, 21, 22, 24 and 25 of the Convention, in
conjunction with Article 1(1) thereof, and of Article I of the Inter-American Convention on Forced
Disappearance of Persons and Article 7 of the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against Women. In addition, they requested “the
inclusion of the list of 97 families,” which was attached.
5.
Answering brief. On April 23, 2015, the State submitted to the Court a brief containing
preliminary objections, its answer to the submission of the case by the Commission and
observations to the pleadings and motions brief (hereinafter “answering brief”). In this brief it
presented four preliminary objections. On October 23, 2015, the State appointed as its agents for
this case Rodrigo José Villagrán Sandoval and Steffany Rebeca Vásquez Barillas. Subsequently, on
April 13, 2016, the State appointed Carlos Rafael Asturias Ruiz and Steffany Rebeca Vásquez
Barillas as agents.
6.
Observations on the preliminary objections. On June 25, 2015, the representatives and the
Inter-American Commission forwarded their observations on the preliminary objections filed by
the State.
7.
Other briefs submitted by the parties and the Commission. On July 30, 2015, the State
submitted a brief entitled “Position of the State of Guatemala in relation to the inclusion of new
victims in the case […].” Through a note of August 4, 2015, the Secretariat of the Court asked
the representatives and the Commission to submit any observations deemed pertinent to the
aforementioned brief of the State. On August 30, 2015, the representatives forwarded the
observations requested. On August 31, 2015 the Commission submitted the observations
requested together with the final list of declarants offered for the public hearing. Finally, on April
19, 2016, the representatives forwarded a total of 212 birth, death and marriage certificates of
alleged victims who had suffered forced displacement, persecution and banishment.
8.
Public hearing. In an order dated March 28, 2016, 5 the President of the Court called the
parties and the Commission to a public hearing which was held on April 28, 2016, during the
Court’s 114th regular session at the seat of the Court. 6 During the hearing, the Court received the
statements of the alleged victims Juana García Depaz and Napoleón García de Paz (or Napoleón
García Depaz), and the expert witness Luis Raúl Francisco Salvadó Cardoza, proposed by the
representatives, as well as the expert witness Cristián Alejandro Correa Montt, proposed by the
Commission. It also received the observations and final oral arguments of the Commission, the
representatives and the State, respectively. The President’s order also requested the statements
rendered by affidavit of an alleged victim and two expert witnesses proposed by the
representatives, an expert witness proposed by the Commission and three expert witnesses
proposed by the State. In a communication dated April 11, 2016, the State withdrew the offer of
testimonial and expert evidence.
9.
Amici curiae. The Court received amici curiae briefs from: i) Alejandro Valencia Villa on
May 3, 2016, on the National Reconciliation Law, amnesties and political crimes in Guatemala;
ii) Impunity Watch on May 11, 2016, on the Court’s alleged jurisdiction to rule on an alleged
violation of the Convention on the Prevention and Punishment of the Crime of Genocide and
other treaties protecting the rights of indigenous peoples, the Court’s alleged lack of jurisdiction
to decree the invalidity of the National Reconciliation Law, as well as individual and collective
Available at: http://www.corteidh.or.cr/docs/asuntos/chichupac_28_03_16.pdf.
The hearing was attended by the following: for the Inter-American Commission, Enrique Gil Botero, Commissioner,
and Silvia Serrano Guzmán, Erick Acuña Pereda and Jorge Meza Flores, lawyers of the Executive Secretariat of the
Commission; for the representatives of the alleged victims, María Dolores Itzep Manuel, attorney, Carlos Enrique de Paz
Alvarado, Abelina Osorio Sis, attorney, and Paulina Ixpatá Alvarado de Osorio, President of the Management Board and
Legal Representative of the Asociación Bufete Jurídico Popular; and for the State of Guatemala, Víctor Hugo Godoy, Head
of the Presidential Commission for Coordination of the Executive’s Human Rights Policies (COPREDEH).
5
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