5
17.
On December 22, 2005, the State submitted its brief answering the
application (hereinafter “answer to the application”), attaching documentary
evidence. In this brief, Paraguay acquiesced to and partially acknowledged
international responsibility for some of the violations alleged by the Commission
(infra paras. 39 to 54).
18.
On May 5, 2006, the President issued an order advising that all the members
of the Inter-American Court had assessed the principal briefs in the instant case and
decided that, in the circumstances, it was not necessary to convene a public hearing.
Also, he ordered that the testimonies of Gladis Meilinger de Sannemann, Elva Elisa
Benítez Feliu de Goiburú, Ana Armninda Bareiro de Mancuello, Rogelio Agustín
Goiburú Benítez, Ricardo Lugo Rodríguez and Julio Darío Ramírez Villalba, as well as
the expert opinions of Alfredo Boccia Paz and Antonio Valenzuela Pecci, all proposed
by the Commission, should be submitted by statements made before notary public
(affidavits), to be forwarded to the Court by May 19, 2006, at the latest. According
to the third operative paragraph of this order, the parties were granted a nonextendible period until June 5, 2006, to submit any observations on these
testimonies they deemed pertinent. Furthermore, he called upon the State to
forward to the Secretariat of the Court, by May 19, 2006, at the latest, as helpful
evidence, complete authenticated copies of the domestic administrative and judicial
measures taken in relation to the alleged forced disappearance of the alleged
victims, to the extent that complete and legible copies of the documentation
requested had not yet been provided to the case file. Lastly, in this order, the
President informed the parties that they had a non-extendible period until June 5,
2006, to submit their final written arguments on merits and reparations and costs,
with which the parties should present any observations they deemed pertinent on
the terms and scope of the State’s acquiescence and acknowledgement of
international responsibility.
19.
On May 19, 2006, with regard to the request to forward helpful evidence
made by the President of the Court in the above order (supra para. 18), the State
declared that “the requested documentation had already been forwarded and
consisted of the attachments submitted by the Inter-American Commission […] with
its application.” It added that “other proceedings relating to the case [had] been
provided with the answer to the application.” On May 22, 2006, on the instructions of
the President, the Secretariat reiterated to the State the request that it forward the
requested documentation as soon as possible and clarified that this referred to the
documentation that had not been provided by the Inter-American Commission or the
State in their respective application brief and answer to the application. On the
instructions of the President, the Secretariat repeated this request on July 7, 17 and
24 and August 1, 2006. Although the State did not submit any further
documentation, on September 8, 2006, it repeated what it had affirmed in its
communication of May 19 (infra para. 60).
20.
On May 22, 2006, on the instructions of the President of the Court and
pursuant to Article 45(2) of the Rules of Procedure, the Secretariat requested the
Inter-American Commission to forward, by June 1, 2006, at the latest, several
documents referred to in the application, which it had not offered or provided as
evidence among the attachments to the application; namely the following books: Es
mi informe. Los archivos secretos de la policía de Stroessner; Testimonio contra el
Olvido, Reseña de la Infamia y el Terror; and En los sótanos de los generales: Los
documentos ocultos de la Operación Cóndor. On July 5, 2006, after an extension had
been granted, the Commission forwarded the requested documents.
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