4
Pesantes as Judge ad hoc.
16.
On October 7, 2003, after having been granted an extension, the CEDHU,
through Messrs. Elsie Monge, César Duque, and Alejandro Ponce Villacís, in their
capacity of representatives presented their brief of pleadings, motions, and evidence
(hereinafter “brief of pleadings and motions”), which included documentary evidence
and they offered expert evidence.
17.
On November 24, 2003, after the extension granted, the State submitted its
answer to the application and its observations on the brief of pleadings and motions,
which included documentary evidence. The term for its submission had expired on
November 10 of the same year. The mentioned answer to the application presented by
the State was placed before the consideration of the full Court, which decided to reject
it, “since it was submitted outside the term granted to the State to answer the
application.”
18.
On April 6, 2004 the Commission appointed Mr. Evelio Fernández Arévalos and
Santiago A. Canton as delegates of the present case and Mrs. Christina Cerna as legal
advisor.
19.
On January 17, 2005 the Secretariat, following the President’s instructions,
requested that the representatives present, no later than February 1, 2005, the
definitive list of suggested expert witnesses with the objective of programming the
possible public hearing on the merits and possible reparations and costs in the present
case.
20.
On February 1, 2005 the Secretariat, following the President’s instructions and
pursuant to Article 45 of the Rules of Procedure, requested that the State submit the
following documents as evidence to facilitate adjudication of the case: complete file of
the criminal actions carried out against Mr. Acosta Calderón; Constitution of Ecuador in
force at the time of the facts of the present case, as well as the Constitution currently
in force; Criminal Code in force at the time of the facts of the present case; Code of
Criminal Procedures in force at the time of the facts of the present case; and the Law
on the Control of the Trafficking of Narcotics and Psychotropic Substances valid until
September of 1990.
21.
On February 1, 2005 the Commission pointed out that “based on the
characteristics of the instant case, it was possible to omit its public hearing” and they
requested that the Court “proceed to receive relevant documentary evidence in
conjunction with the final written allegations of the parties, without ordering the
initiation of the oral proceeding.”
22.
On February 1, 2005, the representatives informed that Mr. Reinaldo Calvachi
Cruz would render his expert report by affidavit, and they pointed out the specific
object of said expert assessment. They also stated that they did not consider
necessary to hold a public hearing in this case.
23.
On February 3, 2005, the
requested that the State present
regard to the observations made
reference to the holding of a public
24.
Secretariat, following the President’s instructions,
its remarks, no later than February 11, 2005, in
by the Commission and the representatives with
hearing.
On February 10, 2005, the State informed that it was “in dialogues [with the