3 5. On December 15, 2006, the State3 submitted its brief containing the answer to the application and comments on the brief on pleadings and motions (hereinafter the “answer to the application”), in which it alleged that it is not responsible for the alleged violations and that the State cannot be held internationally responsible for acts committed “by state agents in selfdefence”. The State alleged that these persons’ deaths occurred in a confrontation with members of the government force during the said operation, which was carried out as a legal and necessary measure within the framework of a state of emergency duly declared and in a period of high delinquency and conformation of terrorist groups. Furthermore, the State pointed out that there has been a police and military investigation in this regard, although it stated that no criminal proceeding has been undertaken, and therefore the State shall not be held responsible for the alleged violation of the judicial guarantees and judicial protection. However, at the beginning of the public hearing held in the instant case, as well as in its final arguments, the State partially acknowledged its responsibility in the terms hereinafter put forward (infra paras. 8 to 31). II JURISDICTION 6. The Court has jurisdiction to hear the instant case pursuant to Articles 62(3) and 63(1) of the American Convention, since Ecuador has been a State Party to the Convention since December 28, 1977, and recognized the contentious jurisdiction of the Court on July 24, 1984. III PROCEEDINGS BEFORE THE COURT 7. On August 18, 2006, the Registry of the Court (hereinafter “the Registry”), after a preliminary review of the application by the President of the Court (hereinafter “the President”) and pursuant to Article 35(1) of the Rules of Procedure, served notice of said application to the State4 and to the representatives. During the proceedings before the Court, the President ordered5 the submission of the sworn declaration (affidavit) of an expert witness proposed by the representatives, regarding which the parties were given the opportunity to present their comments. Furthermore, in view of the specific circumstances of this case, the President summoned the Inter-American Commission, the representatives, and the State to a public hearing to receive their final oral arguments on the merits and possible reparations and costs in the instant case, as well as the testimonies of three family members of the alleged victims. The said public hearing was held on May 15, 2007, during the Court’s XXX Special Period of Sessions, in Guatemala City, Guatemala, at the seat of the Constitutional Court of that country6. In accordance with the President’s instructions and pursuant to Article 45(2) of the Rules of Procedure, the On October 12, 2006, the State had appointed Mr. Juan Leoro Almeida, Ambassador of Ecuador in Costa Rica, as Agent and Mr. Erick Roberts and Mr. Salim Zaidán as Deputy Agents. Subsequently, following a request for clarification made by the Secretary, the State appointed the last two persons as Agent and Deputy Agent, respectively. 3 When the application was notified to the State, the Court informed it of the terms to submit an answer to the application and to appoint its representatives in the proceedings. At the same time, the State was also informed of the possibility to appoint an ad hoc Judge to participate in the consideration of the case. On October 12, 2006, the State appointed an ad hoc Judge. However, in the same way it has been decided in other cases, the Court decided to reject the appointment proposed by the State in the present case because the said appointment was done after the expiration of the term granted to the State. 4 5 Order of the President of the Court of May 15, 2007. The following persons appeared before the Court: a) for the Inter-American Commission: Evelio Fernández, Commissioner, as Delegate; and Mr. Mario López and Ms. Lilly Ching, as legal advisors; b) for the representatives: César Duque, CEDHU’s lawyer; and c) for the State: José Xavier Garaicoa Ortiz, General Attorney of the State, as Agent; Alberto Salim Zaidán, as Deputy Agent, and Gabriela Galeas, as legal advisor. 6