President finds it pertinent to establish, ex officio, that Hernán Gullco’s expert opinion be
received. The Court will assess the usefulness of this expert opinion at the appropriate
opportunity, in the context of the existing body of evidence and according to the rules of
sound judicial discretion. The purpose and the way in which the expert opinion will be
received is determined in this Order (infra first operative paragraph).
18.
The Commission also offered the expert opinion of Alejandro Morlachetti to testify on
“the international standards for the judicial protection of children with disabilities and the
special measures that must be adopted when the result of the judicial proceedings relates
to their right to personal integrity.” The Commission indicated that the expert opinion will
also refer to “the application of the said standards to the facts of the case.”
19.
The Commission indicated that this expert opinion is related to inter-American public
order, because “it does beyond the scope of the victims in the case” and “will permit an
analysis of the case from the perspective of the rights of children with disabilities” and
contribute to the application of the said standards at the domestic level.
20.
With regard to the proposed purpose of Mr. Morlachetti’s expert opinion, the
President considers that it goes beyond the interest and purpose of this case and addresses
aspects, such as the rights of children with disabilities, which are new matters in litigations
before the Inter-American Court and that are relevant to inter-American public order. Based
on the foregoing, the President finds it appropriate to admit the expert opinion of Mr.
Morlachetti, in accordance with the purpose and the way in which it will be received
determined in the operative paragraphs of this Order (infra fifth operative paragraph).
d) Method of presentation of the statements and expert opinions
21.
It is necessary to arrive at the truth and to ensure the most extensive presentation
of facts and arguments by the parties as regards everything that is pertinent to decide the
matters in dispute, guaranteeing them the right to defend their respective positions. At the
same time, the Court’s ability to adequately examine the cases submitted to its
consideration must be guaranteed, bearing in mind that their number has increased
considerably and is growing constantly. In addition, a reasonable time must be ensured for
the duration of the proceedings, as required by effective access to justice. Based on the
foregoing, the greatest possible number of testimonies must be received by affidavit, and
the presumed victims, witnesses and expert witnesses, whose direct statements are truly
essential, must be heard in a public hearing, taking into consideration the circumstances of
the case and the purpose of the testimonies and opinions.
d.1) Testimony and expert opinions to be given by affidavit
22.
Taking into account the provisions of Article 50(1) of the Rules of Procedure, the
observations of the parties with their definitive lists of deponents, the purpose of the
testimony offered and its relationship to the facts of the case, as well as the principle of
procedural economy, the President finds it desirable to receive, by affidavit, the following
statements and expert opinions: the statement of the presumed victim Danilo Pedro Furlan,
proposed by the representatives; the testimony of María Teresa Grossi and Violeta Florinda
Jano, proposed by the representatives; the expert opinion of Estela del Carmen Rodríguez,
proposed by the representatives, and the expert opinion of Hernán Gullco, initially proposed
by the Commission and ordered ex officio by the President. The President underlines that
Article 50(5) of the Court’s Rules of Procedure, applicable to the instant case, establishes
the possibility that the presumed victims or their representatives and the defendant State
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