Asencio Mellado, Miguel Ángel Soria Fuerte and Eduardo Alcocer Povis, proposed by the
State. The acting President recalls that Article 50(5) of the Rules of the Court, applicable to
this case, makes provision for alleged victims or their representatives, the respondent State
and, in certain cases, the Commission, to submit a list of questions that they wish to be
answered by those summoned to render statements before a notary public.
49.
In application of this provision, the acting President proceeds to grant an opportunity
for the representative and the State to submit, if they so wish, any questions they consider
pertinent to the witnesses and expert witnesses mentioned in the preceding paragraph. In
turn, the Commission may submit any questions deemed pertinent regarding the expert
opinions proposed by the State, for which it has been granted an opportunity to submit
questions (supra Considering para. 42). In rendering their statements by affidavit, the
witnesses and expert witnesses shall answer those questions, unless the President decides
otherwise. The corresponding terms shall be specified infra, in the operative part of this
Order. The aforementioned testimonies and expert opinions shall then be transmitted to the
Commission, the representative and the State. In turn, pursuant to Article 50(6) of the
Rules, the representative and the State may submit any observations considered pertinent
regarding those statements, within the period specified in this Order, and the Commission
may submit any observations deemed pertinent regarding the expert opinions offered by
the State (infra Operative para. 4). The Court shall assess the evidentiary value of these
witness statements and expert opinions in due course, taking into account all points of
view, as appropriate, expressed by the parties in exercise of their right to defense and,
where appropriate by the Commission, in the context of the existing body of evidence and
according to the rules of sound judgment.
J.2. Statements and expert opinions to be received at the public hearing
50.
Given that the Court records in the instant case are ready for the opening of the oral
proceedings on the preliminary objection and possible merits, reparations and costs, the
acting President of this Court deems it appropriate to convene a public hearing to receive
the statements of J’s sister, proposed by the representative; the statements of the witness
Magda Victoria Atto Mendives, and of one deponent for information purposes, Javier Llaque
Moya, proposed by the State; and two expert opinions rendered by Patricia Viseur Sellers
and Stefan Trechsel, proposed by the Commission.
K. Application of the Victims’ Legal Assistance Fund
51.
In his Order of October 24, 2012 (supra Having Seen 5), the acting President
decided to admit the request filed by the alleged victim to have access to the Victims’ Legal
Assistance Fund of the Inter-American Court of Human Rights, and granted the financial
assistance necessary for the presentation of a maximum of two statements, either by
affidavit or at a public hearing, and for the appearance of one representative at the public
hearing.
52.
Having determined that the statements offered by the representative shall be
received by the Court and the means by which these shall be rendered, it is now
appropriate to specify the amount, recipients and purpose of said assistance.
53.
Accordingly, the acting President decides that financial assistance shall be assigned
to cover the travel and accommodation expenses necessary to enable J’s sister to render
her witness statement before the Court and so that the representative or, as the case may
be, the person designated for that purpose, may appear at the public hearing to be held in
the city of San Jose, Costa Rica. Also, assistance shall be provided to cover the cost of
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