4
9.
On September 15, 2008, the State, the Commission and the representatives
forwarded their final written pleadings. The latter, responding to a request by the
President of the Tribunal, forwarded, along with the aforementioned brief, as
evidence to facilitate adjudication of the case, the rules and regulations governing
the disciplinary procedure for ethics code infringements in force at the time of the
events before the Colegio Nacional de Abogados de Panamá [Panamá National Bar
Association]. Additionally, the representatives also forwarded documents evidencing
expenses incurred in connection with the public hearing.
10.
On the other hand, on August 7, 2008 the Tribunal received a brief from a
person identifying himself under the name of Javier P. Weksler, who filed a document
intending he would be considered as an amicus curiae. The Secretariat, following
instructions by the President of the Tribunal, given under its regulatory authority to
establish order in the proceedings and pursuant to the provision in Article 26(1) of
the Rules of Procedure, requested the above mentioned person to submit the original
brief within a seven day time limit, along with a copy of his identity document. In its
turn, on September 16, 2008 the Inter-American Commission forwarded its
comments on the above mentioned brief. Mr. Weksler did not comply by forwarding
the requested information within the time limit given him, for which reason the
Inter-American Court does not admit such appearance. Finally, on December 19,
2008 and on January 5, 2009, the Court received two amicus curiae briefs: the first
one of them from Messrs. Pedro Nikken and Carlos Ayala Corao, and from Mrs.
Mariella Villegas Zalazar, and the second one of them had been forwarded by Mr.
Damián Loreti and by Mrs. Paola García Rey and by Mrs. Andrea Pochak from the
Centro de Estudios Legales y Sociales [Legal and Social Studies Center]. The original
briefs were received on January 8 and 13, 2009.
III
PRELIMINARY OBJECTION
11.
In its brief answering the application, the State made a preliminary objection
on the grounds of “the partial lack of competent jurisdiction on the subject matter,”
in connection with a reparation measure requested by the Commission in its
application and three “preliminary observations” on the standing of the
representatives to move for two reparation measures and to put forward, in their
pleadings and motions brief, claims differing from those in the application by the
Commission.
12.
Panamá objected to the reparation measure requested by the Commission
about the State adapting its criminal legal system pursuant to Article 13 of the
American Convention. It asserted that the “demand for a State to review its
domestic legislation cannot be enforced in adjudication proceedings, which must deal
only with human rights violations perpetrated against certain persons” and that “the
aforementioned demand may be taken into consideration by the Court only when
exercising its advisory function, but never when it is exercising its adjudicatory
Rampsey, Deputy Agent, Lorena Nisla Aparicio, Deputy Representative of the Republic of Panamá to the
Organization of American States, Vladimir Franco, Director for Legal Matters with the Foreign Affairs
Ministry and Sophia Astrid Lee, Legal Counsel.