4
Krsticevic, Soraya Long Saborío, Luguelly Cunillera and Juan Carlos Gutiérrez1 and
they were informed that, according to Article 35(4) of the Rules of Procedure,2 they
had 30 days in which to present the brief with requests, arguments and evidence.
Furthermore, on August 6, 2003, in accordance with Article 35(1)(d) of the Rules of
Procedure, GAM, as the original claimant, was notified.
19.
On September 23, 2003, the State designated Oscar Luján Fappiano as Judge
ad hoc. On September 24, 2003, the Secretariat, on the instructions of the
President, requested the Commission and the representatives to submit any
observations they deemed pertinent, since the time limit granted to the State to
appoint a Judge ad hoc had expired on September 7, 2003.
20.
On October 6, 2003, after an extension had been granted, the representatives
of the victim and his next of kin presented the brief with requests, arguments and
evidence together with attachments. In this brief, they requested the Court to
declare that the State had violated Articles 1(1), 4, 5, 7, 17, 19, 8 and 25 of the
American Convention. They also requested the Court to declare that the State
violated Article I of the Inter-American Convention on Forced Disappearance.
Furthermore, they requested specific reparations and the payment of costs and
expenses.
21.
On October 17, 2003, the Commission presented its comments concerning
the State’s designation of the Judge ad hoc, in which it indicated that the “Court
should decide the issue of the time-barred nature of the designation of the Judge ad
hoc according to consistent practice and its Rules of Procedure.” The representatives
did not forward comments in this regard.
22.
On November 6, 2003, the State submitted its brief answering the
application, in which it filed three preliminary objections,3 with attachments. In this
brief, Guatemala “set out preliminary objections and made a partial acquiescence” by
the State to the application submitted by the Commission. In addition, it requested
that, based on the preliminary objections it had filed, the Court should declare the
application presented by the Commission inadmissible. Lastly, the State made an
offer regarding reparations. On November 7, 2003, the Secretariat, on the
instructions of the President, granted the Commission and the representatives of the
victim and his next of kin 30 days from reception of this brief to present their written
arguments on the preliminary objections filed by the State.
23.
On December 3, 2003, the Secretariat informed the State, on the instructions
of all the members of the Court, that the designation of the Judge ad hoc had been
rejected, in accordance with Articles 10(4) of the Statute ad 18(3) of the Rules of
Procedure, because it had been presented after the statutory time limit had expired.
1
While this case was being processed, CEJIL made some changes in the representatives it had
designated before the Court.
2
Rules of Procedure adopted by the Inter-American Court of Human Rights at its forty-ninth
regular session in an Order of November 24, 2000, which entered into force on June 1, 2001. This Article,
among others, was reformed by the Court during its LXI Regular Session, by an Order of November 25,
2003. This reform entered into force as of January 1, 2004.
3
The preliminary objections filed by the State were as follows: “Lack of competence Ratione
Temporis of the Court with regard to the facts, which preceded the declaration accepting the Court’s
obligatory jurisdiction; lack of active legal standing, and failure to exhaust regular domestic remedies.”
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