-9affidavits made before a Notary Public, pursuant to the provisions set forth in Article
47(3) of the Court Rules of Procedure[...].”
46.
On May 30, 2005, the Secretariat, following the instructions of the President,
requested Peru to submit, not later than June 3, 2005, supplementary information to
illustrate the relevance, regarding the facts and the object of the instant case, that it
would have for the Court to get a copy of the testimonies rendered by María Angélica
Arce-Guerrero and Matilde Pinchi-Pinchi before the Primer Juzgado Penal Especial
(First Special Criminal Court) of the Corte Superior de Justicia de Lima (Supreme
Court of Justice of Lima); and also requested the State to indicate which purpose
would it serve to have an affidavit sworn to by those persons and also the pertinence
of the same as regards the instant case.
47.
On June 1, 2005, the State submitted the clarifications and information that
had been requested by the President (supra para. 46,) as regards to the offering of
the affidavits of María Angélica Arce-Guerrero and Matilde Pinchi-Pinchi (supra para.
45).
48.
On June 10, 2005, the Commission filed its comments to the offering made
by the State as regards to the affidavits of María Angélica Arce-Guerrero and Matilde
Pinchi-Pinchi and as regards to the clarifications and information submitted by the
State in that respect (supra paras. 45 and 47.) The Commission stated, inter alia,
that the offering made by the State “should be dismissed on the grounds of being
unjustified and irrelevant.”
49.
On June 14, 2005, the common intervener filed comments to the offering
made by the State as regards the affidavits of María Angélica Arce-Guerrero and
Matilde Pinchi-Pinchi (supra para. 45) and as regards to the clarifications and
information submitted by the State in that respect (supra para. 46.) On June 24,
2005, the common intervener submitted Appendixes to the said comments. In this
submission, the common intervener stated, inter alia, that “it would leave to the
better judgment [of the Court] the decision about the pertinence of the request
made by Peru to put on record the affidavits that the said State intends to
incorporate to the instant case;” and “in case the Honorable Court would decide to
uphold such request, [...] then the common intervener would, in equity, request it
not to peruse only the two affidavits proposed by the defendant State, but also to
consider all the testimonies rendered throughout the proceedings that caused the
opening of this case N° 30-2004.”
50.
On June 27, 2005, the State submitted a statement, by means of which it
made reference to the comments filed by the Commission and by the common
intervener as regards to the offering made by the State regarding the testimonies of
María Angélica Arce-Guerrero and Matilde Pinchi-Pinchi (supra paras. 45, 47 and 48.)
51.
On August 1, 2005, the President issued an Order requesting Rogelia
Rosario Agüero-Laos, Juan de Dios Berrospi-Pérez, Yeny Zully Cubas-Santos, Agustín
Huanca-Gimio, Carmen Esperanza Yaranga-Lluya, Marcela Teresa Arriola-Espino and
Wilfredo Castillo-Sabalaga, witnesses proposed by the Commission and by the
common intervener, to render their testimony through affidavits. The President also
ordered Josmell Muñoz-Córdoba, expert witness proposed by the Commission, and
Alejandro Silva-Reina, proposed as expert witness by the common intervener, to
render their expert opinions in the form of affidavits. Likewise, in such Order, the
President summoned the parties to a public hearing to be held in the seat of the