6
28.
On September 14 and 21, 2006 after an extension of the term set for filing expert
evidence had been granted, the Commission and the representatives submitted the expert
opinions of Eloy Espinosa-Saldaña and Samuel Abad-Yupanqui.
29.
On September 18, 2006 the Commission informed that it had no comments to
submit regarding the affidavits filed by the representatives (supra para. 25). For its part, on
the following day the State submitted its comments regarding the affidavits, which had been
forwarded to the parties on the 11th day of the same month and year (supra para. 26).
30.
On September 26, 2006 the Court issued an Order whereby it decided to commission
its President, Judge Sergio García-Ramírez, its Vicepresident, Judge Alirio Abreu-Burelli,
judges Antônio A. Cançado Trindade and Manuel E. Ventura-Robles, and judge ad hoc
Fernando Vidal-Ramírez to attend the public hearing which had been summoned for
September 29, 2006 and which was to be held at the seat of the Court (supra para. 23).
31.
On September 26, 2006 the State filed its comments on the expert opinions of Eloy
Andrés Espinoza-Saldaña-Barrera and Samuel Abad-Yupanqui, submitted by means of
affidavits (supra para. 28).
32.
On September 29, 2006, during its LXXII Regular Session, the Court held the public
hearing which had been summoned (supra para. 23), and at which there appeared: a) for
the Inter-American Commission: Paolo Carozza, Delegate; Santiago Canton, Executive
Secretary, Delegate; Víctor H. Madrigal-Borloz, counsel; and Norma Colledani and Lilly
Ching, advisors; b) for the representatives: Gloria Cano, counsel from APRODEH; and Ana
Aliverti, María Clara Galvis, Ariela Peralta, and Viviana Krsticevic, counsels from CEJIL; and
c) for the State: Iván Arturo Bazán-Chacón, Agent, and Alberto Gutiérrez-La Madrid,
Ambassador of Perú in Costa Rica. The Court heard the testimonies of the alleged victims’
next of kin who had been summoned, as well as the parties’ final oral arguments.
33.
On October 24, 2006 the Secretariat, on instructions from the President and
pursuant to Article 45(2) of the Rules of Procedure, requested the Inter-American Court, the
representatives, and the State to file, not later than October 31, 2006, the following
information and documentation as evidence to facilitate the adjudication of the instant case:
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a statement aimed at clarifying whether the compensation ordered in favor of
the victims’ next of kin in Judgment of May 18, 1994 rendered by the Consejo
Supremo de Justicia Militar (Supreme Council of Military Justice) regarding the
facts in the instant case had been awarded either in relation to pecuniary
damage or moral damage, or both, and whether it had been awarded either
for the damage caused directly to the allegedly executed or disappeared
victims or for the damage caused to their next of kin. Furthermore, they were
requested to make it clear whether the next of kin of the alleged ten victims
therein stated had actually received such compensation;
who among those who had been accused or convicted in the criminal military
proceedings and in the criminal ordinary proceedings commenced regarding
the facts of the instant case, were kept in custody or are currently
imprisoned, and in the latter case, whether they have been or were in remand
custody or convicted in connection with said proceedings;
a copy of the criminal codes, criminal military codes, and criminal procedural
codes, both currently in effect and in effect at the moment they were applied
to the investigations and the criminal proceedings were commenced in
relation to the facts of the instant case;
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