6
14.
The public hearing was held on October 19, 2007 during the XXXI Period of
Extraordinary Sessions of the Court in the city of Bogotá, Colombia.20 On October 23,
2007, the State submitted the observations to the affidavits rendered by the witnesses
and expert witnesses proposed by the Commission and the Representatives, according to
the Order of the President of September 17, 2007.
15.
On November 28, 2007, the State, the Commission and the representatives filed,
respectively, the brief of final arguments regarding the preliminary objection and the
merits, reparations and costs. On December 4, 2007, the State submitted appendixes,
as noticed in its brief of final arguments.
16.
On January 30, 2008, the Secretariat, following the instructions of the President of
the Court (hereinafter, the “President”), requested the State, the Commission and the
representatives, in accordance with Article 45 of the Rules of Procedure, to submit certain
legislation and documentation to facilitate the adjudication of the case. On February 15,
2008, the representatives filed evidence to facilitate the adjudication of the case. On
February 15 and 21, 2008, the Commission and the State filed evidence to facilitate the
adjudication of the case.
17.
On March 14, 2008, the Secretariat, following the instructions of the President,
requested the State and the representatives to submit new evidence to facilitate the
adjudication of the case. On March 26 and 31, 2008 and April 2 and 8, 2008, the
representatives and the State submitted, respectively, said new evidence to facilitate
adjudication of the case.
III
EVIDENCE
18.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, as well as
on the Court’s case law regarding the evidence and the assessment thereof, the Court
shall now proceed to examine and assess the documentary evidentiary elements
forwarded by the Commission, the representatives, and the State at the different
procedural stages or as evidence to facilitate adjudication of the case as requested by the
President, as well as the oral evidence and experts’ opinions rendered by affidavit during
the public hearing held in the instant case. In doing so, the Tribunal shall assess them on
the basis of sound judgment, within the applicable legal framework.21
A) DOCUMENTARY AND TESTIMONIAL EVIDENCE AND EXPERTS OPNIONS
19.
The testimonies and experts’ opinions of the following people were rendered in the
form of affidavits:
20
To this hearing, there appeared: a) on behalf of the Inter-American Commission: Lilly Ching Soto and
Alejandra Gonza; b) on behalf of the representatives: Alejandro Ponce Martínez and Alejandro Ponce Villacís
and c) on behalf of the State: Xavier Garaicoa Ortiz, Attorney General, main agent and Salim Zaidán, in his
capacity of paralegal to the Attorney General's Office, deputy agent.
21
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, Merits. Judgment of March 8,
1998. Series C, Nº 37, para. 76; Case of Albán Cornejo et al. v. Ecuador. Merits, Reparations and Costs.
Judgment of November 21, 2007. Series C No. 171, para. 26; and Case of the Saramaka People v. Suriname.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 28, 2007. Series C N°. 172, para.
63.