13.
Given the previously exposed reasons, the President deems it pertinent that the
Court receive the expert report of Mrs. McDougall and Mr. Diène. The value of these
expert opinions will assessed at the due opportunity, within the context of the existing
body of evidence, and pursuant to the rules of sound judgment. The purpose and
manner of these expert opinions will be determined in the operative part of this Order
(infra operative paragraph 5).
B. Manner of the statements and the expert reports
14.
It is necessary to assure the broadest presentation of facts and arguments of
the parties in all that is relevant in order to resolve that which was contested,
guaranteeing the parties both their right to the defense of their respected positions as
well as the possibility of appropriately tending to the cases subject to the consideration
of the Court, taking into account that this number has increased considerably and
increases in a constant manner. Moreover, it is necessary that a reasonable period for
the durations of the proceeding be warrantied, as required by the effective access to
justice. Given the foregoing, it is necessary to receive the greatest number of possible
testimonies and expert reports rendered before a notary public, and to hear at the
public hearing the alleged victims and expert witness whose direct statements are truly
indispensable, taking into consideration the circumstances of the case and the purpose
of the statements and expert reports.
1. Statements to be rendered before a notary public
15.
Taking into account that stipulated in Article 50(1) of the Rules of Procedure,
that indicated by the Commission and the representatives in their final list of
declarants, and the purpose of the statements offered, as well as the purpose of
procedural fairness, the President deems it convenient to receive, by way of
statements rendered before a notary public, the statements of Joseph Pierre, Sonide
Nora, Joseph Desravine, and Pedro Ureña, proposed by the representatives. The
President recalls that Article 50(5) of the Rules of Procedure of the Court establishes
the possibility that the State provide a list of questions to ask these individuals
summoned to render statements before a notary public.
16.
In the application of that provided in the regulatory provision mentioned above,
the President will grant an opportunity for the State to present, if it so desires, the
questions it deems pertinent to the declarants stated in the previous paragraph. Upon
rendering their statements before a notary public, the declarants must answer these
questions, unless the President decides otherwise. The corresponding periods will be
specified, infra, in operative paragraphs 2 and 4 of this Order. The aforementioned
statements will be forwarded to the State and to the Commission. In turn, the State
may present the observations it deems pertinent in a period established in the
operative part of this Order. (infra operative paragraph 4). The probative value of
these statements will be determined in due course by the State, which will take into
account the points of view, if any, expressed by the State in exercising its right of
defense, within the context of the existing body of evidence as the rules of sound
judgment.
2. Statements and expert reports to be received at the public hearing
17.
The orders in this case are ready for the opening of the oral proceedings on the
merits, and possible reparations and costs, to which the President considers it
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