4.
Brief with motions, arguments and evidence. On July 7, 2012, the representatives
submitted their brief with motions, arguments and evidence (hereinafter “motions and
arguments brief”) to the Court. The representatives agreed, in substance, with the
Commission’s arguments and asked the Court to declare that the State was internationally
responsible for the violation of Articles 8, 25, 1(1) and 2 alleged by the Commission; they
also asked that the Court declare the violation of Articles 7, 11, 13, 22 and 24 of the
Convention, with regard to the presumed victim.
5.
Answering brief. On November 12, 2012, the State submitted to the Court its brief
with preliminary objections, answering the submission of the case, and with observations on
the motions and arguments brief (hereinafter “answering brief”). In addition, the State
designated Germán Saltrón Negretti as its Agent. One of the preliminary objections referred
to “the lack of impartiality” of certain judges of the Court and its Secretary.
6.
On November 23, 2012, the acting President of the Court issued an Order in which,
inter alia, he decided that the allegation of lack of impartiality submitted by the State as a
preliminary objection was not a preliminary objection and was unfounded. 5
7.
Observations on the preliminary objections. On March 5 and 6, 2013, the
Commission and the representatives of the presumed victim, respectively, presented their
observations on the preliminary objections filed by the State.
8.
Public hearing. In an Order of the President of the Court (hereinafter “the President”)
of July 31, 2013, the parties were summoned to a public hearing on the case and the
testimony to be provided by affidavit or in the oral proceeding was established. 6 The
representatives contested this order for several reasons that were rejected by the Court in
plenary. 7 The public hearing was held on September 3 and 4, 2013, during the 100th
regular session of the Court, which took place at its seat. 8 During this hearing, the Court
requested the parties to present certain additional helpful information and documentation.
9.
The Court also received 34 amicus curiae briefs presented by: (1) Rubén Hernández
Valle, President of the Instituto Costarricense de Derecho Constitucional; (2) the Asociación
Dominicana de Derecho Administrativo; 9 (3) Leo Zwaak, Diana Contreras Garduño,
Lubomira Kostova, Tomas Königs and Annick Pijnenburg, on behalf of the Netherlands
5
Cf. Case of Brewer Carías v. Venezuela. Order of the acting President of the Inter-American Court, Judge
Alberto
Pérez
Pérez,
of
November
23,
2012.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/brewer_23_11_12.pdf
6
Cf. Case of Brewer Carías v. Venezuela. Order of the President of the Inter-American Court of July 31,
2013. Available at: http://www.corteidh.or.cr/docs/asuntos/brewer_31_07_13.pdf.
7
Cf. Case of Brewer Carías v. Venezuela. Order of the Inter-American Court of August 20, 2013. Available
at: http://www.corteidh.or.cr/docs/asuntos/brewer_20_08_13.pdf
8
There appeared at this hearing: (a) for the Inter-American Commission: Felipe González, Commissioner,
and Silvia Serrano Guzmán, Adviser; (b) for the representatives of the presumed victim: Pedro Nikken, Héctor
Faúndez Ledesma, Juan E. Méndez, Douglas Cassel and Claudio Grossman, representatives, and Claudia Nikken
García and Caterina Balasso Tejera, legal advisers, and (c) for the Bolivarian Republic of Venezuela: Germán
Saltrón Negretti, Agent of the State for Human Rights; Manuel Galindo, Attorney General of the Bolivarian Republic
of Venezuela; Branggela Betancourt, Coordinator of Criminal Matters of the Office of the Attorney General; Luis
Britto García, External Adviser of the State Human Rights Agency; María Alejandra Díaz, External Adviser of the
State Human Rights Agency; Manuel García, lawyer of the State Human Rights Agency, and Elbana Bellorín,
Internationalist.
9
The brief was signed by Olivo A. Rodríguez Huertas, President of the Asociación Dominicana de Derecho
Administrativo.
5