“the President”) granted the request put forward by the alleged victims through their
representatives to have recourse to the Legal Aid Fund and approved granting the
financial assistance necessary for presenting a maximum of one witness testimony and
one expert witness report, and for a representative to be in attendance in the public
hearing to be summoned (infra para. 9).
9.
Through an Order dated April 29, 2011, the President ordered the receipt via
sworn statements before notaries public (affidavits) of the testimonies of two alleged
victims and six witnesses, as well as one expert witness report. All were proposed by the
representatives. Likewise, through that Order, the President called the parties to a public
hearing to hear the testimony of María Leontina Millacura Llaipén, alleged victim, and the
expert witness report of Nora Cortiñas, both offered by the representatives, as well as
the expert witness report of Sofía Tiscornia, ordered ex officio by the President of the
Tribunal. The hearing was also to include the Commission’s final observations and the
final oral arguments of the representatives and the State on the merits, reparations, and
costs. Finally, the President ordered financial aid to be assigned to cover the travel and
lodging expenses necessary for María Leontina Millacura Llaipén and Nora Cortiñas to be
able to appear before the Court and give their testimony and expert witness report
during the public hearing to be held in the case, and for one of the representatives of the
alleged victims to be able to attend the public hearing. The President also ordered a file
to be opened on expenses in which each of the outlays made in relation to the Legal Aid
Fund would be documented.
10.
The public hearing was held on May 18, 2011, during the 43rd Special Period of
Sessions of the Court 3 , held in Panama City, Panama. During this hearing, the Court
requested that the State, upon presenting its final written arguments, submit certain
information and documentation.
11.
On June 16, 2011, Sofía Tiscornia, expert witness named ex officio by the Court,
submitted the open presentation made during the public hearing held in this case, along
with additional information that the Court had requested during the public hearing.
12.
On June 17, 2011, the State presented its final written arguments, as well as part
of the information the Tribunal requested during the public hearing. On June 20, 2011,
the Inter-American Commission and the representatives presented their comments and
final written arguments, respectively. In addition, the representatives submitted
information requested by the Court during the public hearing.
13.
On June 30, 2011, following the instructions of the President of the Court, the
Secretariat asked the State to submit certain documentation as evidence to facilitate
adjudication. Notwithstanding, following the instructions of the President of the Court,
the Secretariat requested that the representatives and the State present observations to
the additional information submitted by the expert witness appointed ex oficio by the
Court (supra para. 11), and it requested that the representatives and the Inter-American
Commission on Human Rights present their observations to the documentation
presented by the State in the final written arguments (supra para. 12)
14.
On July 7, 2011, the representatives presented their observations to specific
documentation submitted by the State through its final written arguments. (supra para.
3
The following people attended the hearing: a) for the Inter-American Commission: Luz Patricia Mejía,
delegated Commissioner, Karla Quintana Osuna, Advisor, and Silvia Serrano Guzmán, Advisor; for the
representatives, Verónica Heredia, and c) for the State:
Dr. Alberto Javier Salgado, Director of the
International Conflicts Division of the Human Rights Directorate; representative of the Ministry of Foreign
Relations, International Trade and Culture, Agent; Dra. Julia Loreto, representative of the Ministry of Foreign
Relations, International Trade and Culture; Dr. Pilar Mayoral, representative of the Human Rights Secretariat of
the Nation; and Dr. Ramiro Badía, representative of the Human Rights Secretariat of the Nation.
6