5
24.
On January 12, 2004, the Commission submitted its written arguments on the
preliminary objections, in which it requested the Court to reject them.
25.
On the same January 12, 2004, the representatives of the victim and his next
of kin presented their written arguments concerning the preliminary objections filed
by the State, in which they requested that they should be rejected. In addition, they
rejected the offer regarding reparations made by Guatemala in the answer to the
application (supra para. 22).
26.
On March 1, 2004, the President issued an Order in which, in accordance with
the principle of procedural economy and exercising the authority granted to him by
Article 47(3) of the Rules of Procedure, he notified the Inter-American Commission
that the testimony of Mario Alcides Polanco Pérez and the expert witness report of
Oscar Ernesto Reyes, proposed by the Commission in its application, should be given
before public notary (affidavit). He also requested the State to present a report on
the measures taken by Julio Arango Escobar, former Ombudsman, in relation to the
instant case. Furthermore, in this Order, the President convened the Inter-American
Commission, the representatives of the victim and his next of kin, and the State to a
public hearing to be held at the seat of the Court, as of April 26, 2004, to receive
their oral arguments on preliminary objections, and possibly on merits, reparations
and costs, as well as the statements of the witnesses and the reports of the expert
witnesses proposed by the Commission and by the representatives.
27.
On March 22, 2004, the Commission presented the statements made before
public notary by the expert witness, Oscar Ernesto Reyes, and the witness, Mario
Polanco. On March 24, 2004, the Secretariat forwarded these affidavits submitted by
the Commission to the State and to the representatives, so that they could forward
any pertinent comments. No comments were forwarded.
28.
On April 2, 2004, the State submitted several documents from the file in the
domestic jurisdiction relating to the measures taken by Julio Arango, former
Ombudsman, who had handled the instant case.
29.
On April 6, 2004, the State advised that it had designated Herbert Estuardo
Meneses Coronado as its Agent, in substitution of Rosa del Carmen Bejarano Girón,
and Luis Ernesto Cáceres Rodríguez as Deputy Agent.4
30.
On April 26 and 27, the Court held two public hearings at which the following
persons appeared:
for the Inter-American Commission on Human Rights:
Susana Villarán, Delegate;
María Claudia Pulido, advisor; and
Lilly Ching, advisor;
for the representatives of the victim and his next of kin:
Viviana Krsticevic, representative;
Soraya Long Saborío, representative; and
Oswaldo Ruiz, representative;
4
While this case was being processed, the State made some changes in the representatives it had
designated before the Court.
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