under consideration by the Court, taking into account that the number of cases has grown
considerably, and increases steadily. It is also necessary to ensure a reasonable timeframe for
the duration of the process, as required by the effective access to justice. In light of this, the
Court must receive the greatest possible number of testimonies and expert opinions via affidavit,
and to hear directly at public hearings the truly indispensable testimonies of alleged victims,
witnesses, and experts– taking into consideration the circumstances of the case and the object of
the statements and opinions.
[…]
51.
The present case is ready for the initiation of oral proceedings on the preliminary
objection and possible merits, reparations, and costs. For that reason, the President deems it
pertinent to summon a public hearing for the receipt of the expert opinions of Alberto Bovino,
proposed by the Commission, and Julio B.J. Maier, proposed by the representatives.
24.
In appealing the Order of the President, the State alleged that it “has failed to
consider the Argentine state’s opposition to the receipt of the expert testimony at the public
hearing, in favor of receiving it via affidavit. This was made as an alternative request, in the
event that the Honorable Court resolved to dismiss the State’s objection to the expert
opinions outlined in the previous section, and taking into consideration budgetary reasons
for avoiding unnecessary costs.” It also indicated that “the Tribunal’s failure to address the
State’s subsidiary request violates the right of defense of the Argentine state, in light of
which […] it requests that this issue be resolved expressly.”
25.
The Commission did not present any observations on this point.
26.
First, the Tribunal stresses that, in accordance with the stipulations of Article 50(1) of
the Rules of Procedure, it is a discretionary faculty of the Court or its Presidency to
determine which declarations should be rendered before a notary public (by affidavit) and
which it deems necessary to be rendered in a public hearing. Likewise, the Court
emphasizes that the President indicated relevant considerations when he decided upon the
matter. The President signaled that this decision was made bearing in mind the number of
cases being considered before the Court, the circumstances of this particular case, and the
purpose of the statements and opinions.
27.
Moreover, the Court notes that only two expert witnesses were convened to the
public hearing to give their testimony before the Tribunal: Mr. Alberto Bovino and Mr. Julio
Maier. The first of these experts was proposed by the Inter-American Commission, and as
such, the Commission will cover the costs that this evidence generates; under no
circumstances shall the costs be reimbursed by Argentina. The second expert witness to
give an opinion was proposed by the representatives of the alleged victim, and the
expenses necessary for his appearance before the Tribunal shall be covered by the InterAmerican Court’s Legal Assistance Fund for Victims (hereinafter the “Assistance Fund of the
Court”), in accordance with that which was set forth by the President in the aforementioned
Order.7
28.
The Tribunal is in agreement with the President regarding the grounds on which he
determined that expert witnesses Bovino and Maier should give their testimonies in a public
7
In the Order of June 4, 2012, the President also approved the request made by the Inter-American
defenders, in their capacity as representatives of the alleged victim, to receive aid from the Court’s Legal
¡Error! No se encuentra el origen de la
referencia. to ¡Error! No se encuentra el origen de la referencia. and ¡Error! No se
encuentra el origen de la referencia. to ¡Error! No se encuentra el origen de la
referencia., and operative paragraphs one to three.
Assistance Fund for Victims. Cf. Considering clauses
7