by affidavit and to hear the presumed victims and expert witnesses whose direct testimony
is truly essential at the public hearing, taking into account the circumstances of the case
and the purpose of the testimony and opinions.
D.1. Statements to be provided by affidavit
19.
Taking into account the provisions of Article 50(1) of the Rules of Procedure, the
information provided by the Inter-American Commission and the representative with their
final lists of deponents and in the brief of July 31, 2012 (supra having seen paragraphs 11
and 16), the purpose of the statements offered, as well as the principle of procedural
economy, the President finds it desirable to receive, by affidavit, the statements of the
following presumed victims: César Alberto Mendoza; Claudio David Núñez; Lucas Matías
Mendoza; Saúl Cristian Roldán Cajal; Isolina del Carmen Herrera; Ana María del Valle Brito;
Florinda Rosa Cajal; Romina Beatriz Muñoz; Jorgelina Amalia Díaz; Dora Noemí Mendoza;
Yolanda Elizabeth Núñez; Omar Maximiliano Mendoza; Elizabeth Paola Mendoza; Yohana
Elizabeth Roldán, Marilyn Estefanía Videla and Marta Graciela Olguín, all offered by the
representative. In addition, the President finds it pertinent to receive by affidavit the expert
opinions of Laura Dolores Sobredo and Liliana Gimol Pinto, offered by the representative,
and of Alberto Bovino and Lawrence O. Gostin, offered by the Inter-American Commission.
20.
In application of the provisions of Article 50(5) of the Rules of Procedure, the
President proceeds to grant the State and the representative the opportunity, if they so
wish, to submit the questions they deem pertinent to the deponents and expert witnesses of
the representative and of the Inter-American Commission referred to in the preceding
paragraph. Furthermore, in accordance with the provisions of Article 52(3) of the Rules of
Procedure, the President grants the Inter-American Commission the opportunity to question
expert witness Liliana Gimol Pinto, offered by the representative, in keeping with the terms
of considering paragraph 17 of this Order. When preparing their affidavits, the alleged
victims and the expert witnesses must answer these questions, unless the President
determines otherwise. The corresponding time frames will be established in the second
operative paragraph of this Order. The said statements will be forwarded to the InterAmerican Commission, the representative, and the State. In turn, the State and the
representative may submit any observations they deem pertinent within the time frame
indicated in this Order (infra fourth operative paragraph). The probative value of these
statements will be determined opportunely by the Court, which will consider all the points of
view, if applicable, expressed by the representative and the State in the exercise of their
right to defense.
D.2. Statements of alleged victims and expert opinions to be received at the
public hearing
21.
This case is ready for the opening of the oral proceedings with regard to the
preliminary objections and eventual merits, reparations, and costs; consequently, the
President finds it pertinent to convene a public hearing in order to receive the statement of
alleged victim Stella Maris Fernández, offered by the representative, and the expert opinions
of Miguel Cillero Bruñol and Sofía Tiscornia, offered by the Inter-American Commission and
the representative, respectively.
E.
Application of the Victims’ Legal Assistance Fund
22.
In the Order adopted by the President on May 8, 2012 (supra having seen paragraph
7), it was decided to declare admissible the request filed by the presumed victims, through
their representative, to access the Court’s Assistance Fund; thus, the necessary financial
8