20. The Inter-American Commission indicated that the expert opinion of Mrs.
Rosalina Tuyuc Velásquez could be rendered at the public hearing, while the expert
opinions of Mr. Fredy Armando Peccerelli Monterroso and Mr. Juan Mendez could be
rendered through affidavits. To this end, the State indicated that the statement of Mr.
Manuel Geovanni Vásquez Vicente, only testimony offered by the State, could be
rendered through affidavit. Finally, the representatives requested the Tribunal that the
eight statements offered by it be rendered at the public hearing. However, in case this
is not possible, they indicated an order of priority for the testimonial as well as the
expert evidence to be taken into consideration by the Court when determining which of
said statements should be rendered at the public hearing and which of them should be
rendered through affidavit.
21. It is necessary to ensure the most complete presentation of the facts and
arguments of the parties in order to appropriately solve the issues at dispute,
guaranteeing the parties the right to defend their own positions as well as the
possibility of adequately dealing with the cases submitted to the consideration of the
Court, bearing in mind that the number of cases is considerable higher than before and
it is constantly increasing. Moreover, it is necessary to guarantee a reasonable term in
the length of the proceeding, as required by the right to an effective access to justice.
Based on the foregoing, it is essential to receive the higher number of testimonies and
expert opinions rendered through affidavits possible and at the public hearing, listen to
those alleged victims, witnesses and expert witnesses whose direct statements are
truly indispensable, taking into account the circumstances of the case and the object of
the testimonies and expert opinions.
D.1 Statements to be rendered through affidavit
22. Taking into account the terms of article 50.1 of the Rules of Procedure, what was
indicated by the Inter-American Commission, the representatives and the State, the
object of the statements so offered, as well as the principle of procedural economy, the
President deems convenient to receive, through affidavit, the statements of Maria
Eustaquia Uscap Iboy, Antonia Osoria Sánchez, Bruna Perez Osorio and Maria Osorio
Chen, alleged victims proposed by the representatives and the testimony of Mr.
Manuel Geovanni Vásquez Vicente, proposed by the State. Moreover, the President
deems pertinent to receive, also through affidavit, the expert opinions of Mr. Juan
Méndez and Fredy Armando Peccerelli Monterroso, proposed by the Inter-American
Commission, and the expert opinion of Mr. Alfredo Itzep Manuel, proposed by the
representatives.
23. The President emphasizes that article 50.5 of the Court’s Rules of Procedure
contemplates the possibility for the alleged victims or their representatives and the
respondent State of formulating questions in writing for the declarants convened to
render their statement through affidavits. Pursuant to the terms of the regulatory
provision so mentioned, the President proceeds to give the State and the
representatives an opportunity to present, if they wish so, the questions they deem
pertinent for the declarants of the opposing party and of the Inter-American
Commission referred to in the above paragraph. Upon rendering their statements
through affidavits, the alleged victims, the witness and the expert witnesses must
respond to such questions, unless the President decides otherwise. The corresponding
time limits shall be stipulated in operative paragraph two of this Order. The statements
before mentioned shall be transmitted to the Inter-American Commission, the State
and the representatives. In turn, the State and the representatives may present the
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