13
the objection set out in its brief of December 4 with regard to the presentation of
new evidence, based on the provisions of Article 43 of the Rules of Procedure, and
stated that some of the documents presented were certifications made by one of the
witnesses, who had not appeared at the public hearings to which he had been
summoned
59.
On December 21, 1998, the Commission sent two press cuttings on
declarations by agents of the State, “in which it was indicated that Mrs. Harbury had
requested Guatemala to compensate her with a considerable sum of money.”
60.
On March 24, 1999, the Commission requested the admission as supervening
evidence of the final report of the Commission for the Historical Clarification of the
human rights violations and violent acts that have caused suffering to the
Guatemalan People (hereinafter “the Commission for Historical Clarification”),
entitled “Guatemala, Memory of Silence” and presented a copy of illustrative case
No. 81 in this report.
61.
On May 20, 1999, the Commission provided information about an incident
involving José León Bámaca Hernández, the alleged victim's father.
62.
On August 20, 1999, the Present granted a period of one month, from
reception of the transcripts of the public hearings held in this case, for presentation
of the final arguments. On August 27 that year, the Commission requested, on the
one hand, an extension of one more month for the presentation of its final
arguments and, on the other, that the Court should determine the validity of the
evidence offered by the State after the statutory time limit had elapsed, with a view
to preparing those arguments. On August 30, 1999, the President granted the
extension requested until the following October 22. On October 6, 1999, the
President indicated that “the Court will evaluate the evidence presented by the
parties after the statutory time limit had elapsed when deliberating and adopting the
judgment on the merits of this case.”
63.
On October 22, 1999, the Commission and the State presented their final
arguments in the case.
64.
On June 27, 2000, the International Commission of Jurists presented an
amicus curiae on the right to the truth of the families of victims of forced
disappearance.
V
URGENT AND PROVISIONAL MEASURES
65.
On June 24, 1998, the Inter-American Commission requested the Court to
adopt provisional measures, under the provisions of Article 63(2) of the American
Convention and Article 25 of the Rules of Procedure, in favor of Santiago Cabrera
López, who had provided testimony in the public hearing on the merits of the case
(supra 35). As grounds for its request, it informed the Court that
Cabrera gave testimony [before the Inter-American Court] on facts that clearly involved
the responsibility of specific State agents in human rights violations. The State agents
involved in these facts have not been prosecuted and are not in prison. Also, they did
not appear before the Court although they had been summoned by this body. This