8
non-extendible period until July 27, 2006, to submit their final written arguments on
the preliminary objections and merits, reparations and costs.
45.
On June 2, 2006, the State appointed Carlos Fernando Mesía Ramírez as
deputy Agent. On June 19, 2006, the common intervenors stated that the latter “had
not been designated deputy Agent when he was presented to [the Court] in this
capacity,” and therefore asked the Court “to bear this fact in mind for any action it
considered appropriate.”
46.
On June 13, 2006, the Inter-American Commission advised that, due to
circumstances beyond his control, the expert witness, Samuel Abad Yupanqui, would
be unable to attend the hearing to which he had been convened and, therefore,
asked the Court to allow him to forward his sworn statement. The President agreed
to this request.
47.
On May 26 and June 20, 2006, the common intervenors and the Commission,
respectively, forwarded a copy of the sworn written statements made by the
witnesses and expert witnesses (supra para. 44). On June 21, 2006, the State
presented its comments on the sworn written statements made by the witnesses and
expert witnesses proposed by the common intervenors. The same day, the
Commission stated that it had no comments to make on these statements. On June
21 and 23, 2006, the State submitted its comments on the expert statement made
before notary public (affidavit) by Paúl Noriega Torero and the testimonial
statements forwarded by the common intervenors.
48.
On June 21, 2006, the expert witness proposed by Peru presented,
autonomously, her “technical, juridical, legal, economic and financial observations”
on the expert statement made before notary public (affidavit) by Paúl Noriega
Torero, expert witness proposed by the common intervenors.
49.
On July 6, 2006, on the instructions of the Court, the Secretariat informed the
parties that the brief mentioned in the preceding paragraph could not be admitted,
because it was time-barred and, also, it did not refer to the purpose of the expert
opinion requested by the President in the respective Order (supra para. 44), and had
not been asked for by the Court.
50.
On June 27, 2006, during its twenty-ninth special session, the Court held the
public hearing on preliminary objections and merits, reparations and costs, at the
seat of the Supreme Court of Justice of El Salvador, in San Salvador. There
appeared: (a) for the Inter-American Commission: Florentín Meléndez,
Commissioner, Santiago Canton, Executive Secretary, Víctor H. Madrigal Borloz, Juan
Pablo Albán and Lilly Ching, advisers; (b) for the common intervenors: Javier Antonio
Mujica Petit and Francisco Ercilio Moura, and (c) for the State of Peru: Julia Antonia
Carmela Arnillas D'arrigo, Agent, and Carlos Fernando Mesía Ramírez, deputy Agent.
The Court heard the final oral arguments of the parties.
51.
On July 26 and 27, 2006, the State, the Commission, and the common
intervenors, respectively, presented their final written arguments on the preliminary
objections and merits, reparations and costs. The common intervenors attached
documents as appendixes.
52.
On August 2, 2006 the common intervenors forwarded “comments on the
brief of June 21, 2006,” in which Peru submitted comments on the expert opinion
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