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related to the present controversy to be useful and relevant to the resolution of the
case. The President considers it fitting to receive his declaration, pursuant to Article
50(1) of the Rules of Procedure and will determine the object of Mr. S. Punwasi’s
testimony, as well as the manner in which this evidence shall be rendered to the Court
(infra Operative para. 1).
D. Receipt of the statements of the alleged victim and witness, and of
the expert opinion
14.
It is necessary to ensure the most complete presentation of the facts and
arguments by the parties in order to appropriately resolve the issues in dispute,
guaranteeing both the parties' right to defend their positions and the Tribunal's ability
to adequately address the cases submitted to its consideration. Moreover, it is
necessary to guarantee a reasonable term in the length of the proceeding, as required
by the right to effective access to justice. Based on the foregoing, it is essential to
receive the highest number of testimonies and expert opinions possible through
affidavits and that the Court hear those alleged victims, witnesses, and expert
witnesses whose direct statements are truly indispensable at the public hearing, taking
into account the circumstances of the case and the object of the testimonies and
expert opinions.
1. Statement to be rendered through affidavit
15.
Taking into account Article 50(1) of the Rules of Procedure, the statements of
the Inter-American Commission, the representative and the State, the object of the
statements offered, as well as the principle of procedural economy, the President
deems it pertinent to receive, through affidavit, the statement of Mr. S. Punwasi,
proposed by the State and deemed appropriate by the President in accordance with
Article 50(1) the of Rules of Procedure.
16.
The President emphasizes that Article 50(5) of the Court’s Rules of Procedure
allows the alleged victims or their representatives and the respondent State to
formulate questions in writing for the declarants summoned to render their statement
through affidavits. Thus, the President proceeds to give the representative an
opportunity to submit, if he wishes, questions for the declarant of the opposing party
referred to in the above paragraph. Upon rendering his statement through affidavit,
the witness must respond to those questions, unless the President decides otherwise.
The corresponding time limits shall be stipulated in Operative paragraph two of this
Order. The abovementioned statement shall be transmitted to the parties and the
representative. In turn, the representative may submit observations to that statement
within the time limit indicated in this Order (infra Operative para. 12). The evidentiary
value of said statement shall be determined by the Tribunal in timely fashion,
considering the points of view, if applicable, expressed by the State and the
representatives in the exercise of their right to defense.
2. Statement and expert testimony to be received at the public hearing
17.
The proceedings in the instant case are set for the oral phase to start as to the
preliminary objection and possible merits, reparations, and legal costs, and thus the
President deems pertinent to convene a public hearing for the purpose of receiving the
statements of Mr. Liakat Ali Alibux, summoned to appear before the Court in
application of Article 50(1) of the Rules of Procedure; and the expert testimony of Mr.