4
arguments (hereinafter “answer to the application”). The preliminary objections
raised were related to the alleged lack of ratione temporis competence of the Court
to hear the instant case and to an alleged procedural violation during the proceeding
of the instant case before the Commission which allegedly constituted a violation of
the right of the State to be heard. On December 23, 2005 the State filed the
appendixes to its answer to the application.
18.
On December 8, 2005 the Secretariat, pursuant to Article 37(4) of the Rules
of Procedure, granted the Commission and the representatives a term of thirty days
to submit their written comments regarding the preliminary objections raised by the
State (supra para. 17). The representative did not file any comments.
19.
On January 6, 2006 the Commission filed its written comments on the
preliminary objections raised by the State, attaching documentary evidence thereto.
20.
On February 7, 2006 the Court issued an Order wherein it considered it
relevant to admit the testimony of Cristián Correa-Montt, witness proposed by the
State, by means of an affidavit. Furthermore, the President summoned the
Commission, the representative, and the State to a public hearing which was to be
held at the seat of the High Court of Justice of Brazil, Brasilia, on March 29, 2006, to
hear their final oral arguments on the preliminary objections; merits, reparations,
and costs in the instant case, as well as the testimony of Elvira Gómez-Olivares,
proposed as witness by the representative, of Jorge Correa-Sutil, proposed as
witness by the State, of Humberto Raúl Ignacio Nogueira-Alcala, proposed as expert
witness by the Commission, and of Cristián Maturana-Miquel, proposed as expert
witness by the State. By means of said Order, the President also informed the parties
that they were entitled to submit their final written arguments regarding the
preliminary objections; merits, reparations and indemnities; and legal costs and
expenses until May 12, 2006.
21.
On March 10, 2006 the State submitted the statement given by Cristián
Correa-Montt, which had been requested by the Court (supra para. 20). On March
21, 2006, the State filed the appendixes thereto.
22.
On March 16, 2006 the State informed that, for reasons beyond his will,
expert witness Cristián Maturana-Miquel, summoned to give testimony before the
Inter-American Court at a public hearing (supra para. 20) would be unable to go to
Brasilia, wherefore he would not give testimony. Due to the foregoing, the State
requested the Court that it allow the expert statement to be given by the above
expert witness to be replaced by the expert statement of Alejandro Salinas-Rivera
and that Mr. Maturana-Miquel be authorized to give testimony by means of an
affidavit. On that same day, the Secretary, on instructions from the President,
requested the Commission and the representative to submit their comments on the
request made by the State.
23.
On March 17, 2006 the Commission filed its comments, wherein it stated that
it did not oppose the request made by the State so that Mr. Maturana-Miquel be
authorized to give testimony through an affidavit. Furthermore, the Commission
pointed out that the request made by the State for Mr. Salinas-Rivera to be admitted
as an alternative expert witness “was not relevant,” on the grounds of the estoppel
principle and the fact that the State had not filed it at the appropriate procedural
stage,” and considered that the proposal of Mr. Salinas-Rivera “is not a replacement,
but an addition.” Furthermore, the Commission stated that Mr. Salinas-Rivera “is not