Commission’s arguments and asked the Court to declare the international responsibility
of the State for the violation of the same articles as those alleged by the Commission. In
addition, the presumed victims, through their representatives, requested access to the
Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter “the Court’s
Assistance Fund” or “the Fund”). Lastly, the representatives asked the Court to order the
State to adopt different measures of reparation and to reimburse certain costs and
expenses.
6.
Answering brief. On January 28, 2013, the State submitted to the Court its brief
filing preliminary objections, answering the brief submitting the case, and with
observations on the motions and arguments brief (hereinafter “answering brief”). In this
brief, the State contested the violations alleged by the Commission and the
representatives and filed preliminary objections based on the failure to exhaust domestic
remedies and on the lack of impartiality of some of the Court’s judges and its Secretary.
The State appointed Germán Saltrón Negretti as its Agent.
7.
On February 12, 2013, the acting President of the Court issued an Order in which,
inter alia, he decided that the allegation of lack of impartiality presented by the State as
a preliminary objection, was unfounded and did not comply with the requirements for a
preliminary objection. 6
8.
Legal Assistance Fund. In an Order of February 13, 2013, the President of the
Court declared admissible the requested filed by the presumed victims, through their
representatives, for access to the Legal Assistance Fund, and approved that they be
granted the necessary financial assistance for the presentation of a maximum of three
statements, by affidavit or at the public hearing. 7
9.
Briefs with observations on the preliminary objections. On May 3 and 4, 2013, the
representatives of the presumed victims and the Commission, respectively, forwarded
their observations on the preliminary objections filed by the State in its answering brief.
10. Public hearing and additional evidence. In an Order of the President of the Court of
December 26, 2013, 8 the parties were convened to a public hearing for the Court to
receive the final oral arguments and observations on the preliminary objections and
eventual merits, reparations and costs, and also the testimony of Ignacio Landaeta
Muñoz, offered by the representatives, and Yelitza Acacio Carmona, offered by the State.
On January 21 and 30, 2014, the State, the Commission and the representatives,
respectively, forwarded to the Secretariat the statements requested by affidavit in the
Order of the President of December 26, 2013. The hearing took place on February 7,
2014, during the 102nd regular session of the Court, which was held at its seat. 9 During
the hearing, the testimony of the persons convened was received, together with the final
oral observations and arguments of the Commission, the representatives and the State.
Following the hearing, the Court requested the parties to present certain helpful
information and documentation.
6
Cf. Case of the Landaeta Mejías Brothers et al. v. Venezuela. Order of the President of the InterAmerican
Court
of
February
12,
2013.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/landaeta_12_02_13.pdf (merits file, folio 482).
7
Cf. Case of the Landaeta Mejías Brothers et al. v. Venezuela. Order of the President of the InterAmerican
Court
of
February
13,
2013.
Available
at
http://www.corteidh.or.cr/docs/asuntos/Mej%C3%ADas_fv_13.pdf (merits file, folio 459).
8
Cf. Case of the Landaeta Mejías Brothers et al. v. Venezuela. Order of the President of the InterAmerican
Court
of
December
26,
2013.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/landaeta_26_12_13.pdf (merits file, folio 620).
9
There appeared at this hearing : (a) for the Inter-American Commission, Rosa María Ortiz, Elizabeth AbiMershed, Silvia Serrano Guzmán and Jorge Meza Flores; (b) for the representatives of the presumed victims,
José Gregorio Guarenas, Luis Manuel Aguilera, Francisco Quintana and Charles Abbott, and (c) for the State of
Venezuela, Germán Saltrón Negretti, María Alejandra Diaz Marín and Norevy Cortez.
5