6.
On December 28, 2010, the Dominican Republic submitted to the Court its brief with
preliminary objections, in answer to the application and with observations on the pleadings
and motions brief (hereinafter “answering brief”). In this brief, the State filed five
preliminary objections (infra para. 14) and, alternatively, asked the Court to declare that “it
had not incurred international responsibility for the alleged forced disappearance of Mr.
González Medina,” and was not responsible for the alleged violations against the members
of his family. In addition, “subsidiarily,” the Dominican Republic asked the Court, “if it
determined that the facts alleged in the application and in the brief with pleadings, motions
and evidence are true, […] not to admit the reparations requested by the representatives of
the [alleged] victims.” The State appointed José Marcos Iglesias Iñigo as its Agent for the
instant case and, in its answering brief, appointed Bolívar Sánchez, as Deputy Agent, and
Frank E. Soto Sánchez, José Dantes Díaz, Mayerlyn Cordero, Danissa Cruz, José R.L. Casado
and Ricardo D. Ruiz Cepeda, as legal advisers.
II
PROCEEDINGS BEFORE THE COURT
7.
In an order of February 23, 2011, the President of the Court (hereinafter “the
President”) admitted the request filed by the alleged victims, through their representatives,
to be allowed to use the Legal Assistance Fund (supra para. 5), and approved that the
necessary financial assistance be granted for the presentation of a maximum of three
testimonies (infra para. 9).
8.
On March 9 and 12, 2011, the Inter-American Commission and the representatives,
respectively, presented their observations on the preliminary objections filed by the State
(supra para. 6) and asked the Court to reject them. In their brief, the representatives also
asked the Court to issue “an accessory order” so as to eliminate certain arguments and
evidence presented by the State. 10
9.
On June 3, 2011, the President of the Court issued an Order, 11 in which he required
the testimony of three alleged victims, eight witnesses, and six expert witnesses to be
received by affidavit, and the latter were presented on June 22 and 23, 2011. 12 Also, in this
Order, the President convened the parties to a public hearing (infra para. 11), and ruled on
the representatives’ request that the Court reject certain arguments and evidence presented
by the State (supra para. 8). 13 Lastly, the President took decisions regarding the Legal
Assistance Fund (supra para. 7).
10
The representatives asked the Court to “order the elimination of the argument and opinions concerning
the possible suicide of Narciso González during the public hearing and at all subsequent stages of the litigation on
the merits of this case,” in order to “avoid the re-victimization of the [alleged] victims.”
11
3, 2011.
12
Cf. Case of González Medina and family v. Dominican Republic. Order of the President of the Court of June
The State did not forward the sworn statements of the witnesses Jimmy Sierra and Bolívar Sierra.
13
The President decided that “[t]he Court w[ould] assess the observations and objections of the
representatives regarding certain arguments and evidence offered by the State at the respective procedural
opportunity. Consequently, as he has previously, […he] consider[ed] that, at th[at] procedural stage, it [was] not
appropriate to decide to exclude evidence and arguments submitted by the State to explain or reject the facts and
claims set out by the Commission and the representatives. Thus, to ensure the proper evolution of the
proceedings, the President order[ed] that any evidence which could, in principle, be pertinent be received, taking
into consideration the facts that the parties are arguing and trying to prove, without this implying a decision or a
prejudgment of the merits of the case. The evidence and arguments that form part of the State’s position in these
proceedings w[ould] be examined and assessed by the Court at the appropriate stage.”
6