Venezuela in the context of the 1999 to 2003 armed conflict,” because it has sufficient
elements of evidence to assess the context of the instant case.
C. Expert evidence offered by the Inter-American Commission and the
representatives
9.
Both the Inter-American Commission and the representatives offered as evidence the
expert opinions of Raúl Cubas and Pedro Berrizbeitia (supra having seen paragraphs 1 and
3).
10.
Regarding the expert opinion of Mr. Cubas, both the Commission and the
representatives indicated that its purpose was to refer to the situation of violence in the
state of Zulia and, in particular, in the municipality of Machiques, owing to the presence of
illegal armed groups and the peasant land struggles. In addition, he would provide an
opinion on the effects of this context on the work of the human rights defenders in the zone,
and on the lines of investigation that could have been followed up in the case. The
Commission considered that the said expert opinion would allow the Court to put the facts in
context, from the differentiated perspective of a vulnerable group, with the consequent
development of standards in this regard, issues that have a relevant effect on interAmerican public order.
11.
Regarding the expert opinion of Mr. Berrizbeitia, both the Commission and the
representatives indicated that “he will testify on the circumstances that have contributed to
impunity in the instant case by analyzing the domestic investigations and their
appropriateness in view of the international human rights standards applicable [to the
murder of human rights defenders].” The Commission considered that the said expert
opinion refers to an issue of inter-American public order to the extent that it offers the Court
a differentiated perspective on compliance with the obligation to investigate in the case of
human rights defenders.
12.
The President recalls that, as established in Article 35(1)(f) of the Rules of
Procedure, the “possible appointment of expert witnesses” may be made by the InterAmerican Commission “when the inter-American public order of human rights is affected in
a significant manner,” and the purpose and grounds must be adequately substantiated by
the Commission. This provision means that the appointment of expert witnesses by the
Commission is exceptional, subject to the said requirement, which is not met merely
because the evidence that it is proposed to provide is related to an alleged human rights
violation. 3
13.
The President notes that the expert opinion of Mr. Cubas is limited to the specific
context and situation of Venezuela and of the state of Zulia, and to the lines of investigation
in this specific case, so that the purpose does not constitute an issue of inter-American
public order. With regard to the proposed purpose of the expert opinion of Mr. Berrizbeitia,
the President finds that, even though it concerns the acts relating to the impunity in the
case and their correspondence to international standards, it is also circumscribed to the
facts of the instant case; hence, no implications for inter-American public order can be
inferred.
14.
Notwithstanding the above, the President finds that, although they are unrelated to
inter-American public order, the said expert opinions can provide relevant elements to
3
Cf. Case of Vera Vera et al. v. Ecuador, supra note 3, ninth considering paragraph, and Case of Díaz Peña
v. Venezuela. Order of the President of November 2, 2011, twenty-fifth considering paragraph.
4