Ana Carcedo Cabañas and María Eugenia Solís García, offered by the representatives (supra
Having Seen 4).
16.
The brief of March 26, 2013, in which the State submitted its observations to the
definitive lists of deponents proposed by the representatives and the Commission and
requested that “the […] Court take note of the similarity between the expert opinions
proposed by the Illustrious Commission and the petitioners [,] so that not all these are
accepted, but only those that the High Court considers pertinent and necessary to facilitate
adjudication.”. It added that it wished to “express the fact that the State considers that […]
it is not necessary for Dr. Kepfer to testify at the public hearing,” and also “to express its
objection to the testimony of the lawyer of REDNOVI, María Luisa de León Santizo.” It
further asked the Court “to note its objection to the expert opinion of Dr. Nájera.” Finally,
the State requested that “the observations, challenges and objections expressed in [its]
brief be taken into account.”
17.
The communication of April 4, 2013, in which the Secretariat, following the
instructions of the President, indicated that, regarding the alleged objections to the expert
witnesses Rodolfo Kepfer Rodríguez and José Mario Nájera Ochoa, the term established in
Article 48(3) would not be granted, because the State’s argument is not based on any of the
grounds for disqualification. Thus, the Secretariat indicated that the observations raised by
the State regarding those expert witnesses would be addressed by the President of the
Court, in due course. It also advised that the observations and objections raised by the
State regarding the witness Luisa de León Santizo and the expert witnesses proposed by the
Commission and the representatives would be considered by the President at the proper
procedural moment.
CONSIDERING THAT:
1.
The offer and admission of evidence, as well as the formal summons of the alleged
victims, witnesses and expert witnesses, are regulated under Articles 35(1)(f), 40(2)(c),
41(1) (c), 46(1), 50 and 57 of the Court’s Rules of Procedure.
2.
The Commission offered as evidence two expert opinions and the representatives
offered the statements of three alleged victims, one witness and four expert witnesses
(supra Having Seen 1, 3, 4, 9, 10 and 12). For its part, the State did not offer any
testimonial or expert evidence (supra Having Seen 5).
3.
The Court guaranteed the parties the right to defense in respect of the offers of
evidence contained in their briefs submitting the case and in the brief of pleadings and
motions, as well as in the definitive lists of deponents (supra Having Seen 11).
4.
The Commission stated that it had no observations to make to the definitive list of
deponents of the representatives (supra Having Seen 15). For their part, the
representatives did not raise any objections to the definitive list of expert witnesses
presented by the Commission, but noted that the statements proposed by the Commission
are related to the inter-American public order (supra Having Seen 14). The State submitted
observations regarding the two expert witnesses and one witness proposed by the
representatives (supra Having Seen 16).
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