5.
On May 18, 2010, the State submitted its brief filing a preliminary objection,
answering the application and with observations on the pleadings and motions brief
(hereinafter “answer to the application”) in the terms of Article 39 of the Rules of
Procedure. In this brief, the State filed the following preliminary objections: (i)
“partiality in the functions performed by some of the Judges of the Court,”6 and (ii)
“need to exhaust the remedies provided by the Venezuelan legal system.” In
addition, the State denied its international responsibility with regard to the violation
of the rights alleged by the other parties. The State appointed Germán Saltrón
Negretti as its Agent in this case.
6.
Pursuant to Article 38(4) of the Rules of Procedure, on October 1, 2010, the
Commission and the representatives presented their arguments with regard to the
preliminary objection filed by the State (supra para. 5), in which they asked the
Court to dismiss the objection and proceed to examine the merits of the case.
II
PROCEEDINGS BEFORE THE COURT
7.
The State and the representatives were notified of the application on
December 23 and 28, 2009, respectively.
8.
In an Order of December 16, 2010,7 the President of the Court (hereinafter
“the President”) ordered that the testimony of two expert witnesses proposed by
the Commission be received by affidavit. In addition, he ordered that a copy of the
affidavits made by Jesús María Casal Hernández, Param Cumaraswamy and Román
Duque Corredor, expert witnesses proposed by the Commission in the case of Apitz
Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, be sent to the
representatives and the State so that they could submit any observations they
deemed pertinent. He also ordered that a copy of the affidavits made by José
Zeitune and Alberto Arteaga Sánchez, expert witnesses proposed by the
representatives in the case of Reverón Trujillo v. Venezuela, be forwarded to the
Inter-American Commission and the State so that they could submit any
observations they deemed pertinent. Finally, the President convened the parties to
a public hearing to hear the testimony of the alleged victim, proposed by the
Commission, and of a witness proposed by the representatives, as well as the final
oral arguments on the preliminary objection and possible merits, reparations and
costs in this case.
9.
On January 12, 2011, the Inter-American Commission indicated that it had
no observations to make on the expert opinions forwarded with the Order of
December 16, 2010 (supra para. 8). The representatives and the State did not
submit observations on the said expert opinions.
10.
On January 20, 2011, the Inter-American Commission “submit[ted] the
sworn statement of expert witness Antonio Canova González” and “requested an
extension” of the time frame for sending the sworn statement of expert witness
Leandro Despouy, “because [he had ...] advise[d] that he was unable to complete
6
Cf. The acting President of the Inter-American Court of Human Rights, Judge Alberto Pérez
Pérez, issued the Order of September 3, 2010, concerning this preliminary objection submitted in the
answer to the application. In the Order, he declared “that the alleged lack of impartiality in the functions
performed by some of the Judges who make up the Court, submitted by the State as a preliminary
objection, was inexistent.” In addition, he determined that it was for the Court, in plenary session, to
continue hearing the entire case up until its conclusion. Case of Chocrón Chocrón v. Venezuela. Order of
the acting President of the Inter-American Court of Human Rights of September 3, 2010. Available at:
http://www.corteidh.or.cr/docs/asuntos/chocron.pdf
7
Order of the President of the Inter-American Court of Human Rights of December 16, 2010.
5