8
9.
Access to the Legal Assistance Fund. In an Order of the President7 of the Court
(hereinafter “the President”) of January 8, 2013, the request submitted by the presumed
victims, through their representatives (supra para. 7), for access to the Court’s Assistance
Fund was declared admissible.
10.
Observations on the preliminary objections. On February 21 and 22, 2013, the
representative and the Commission, respectively, presented their observations on the
preliminary objection presented.
11.
Summons to a public hearing. By an order of April 10, 2013, the President convened
the parties to a public hearing, which took place on May 15, 2013, during the ninety-ninth
regular session of the Court, held at its seat,8 and ordered the reception of diverse
statements in this case.
12.
Amici curiae. On Mary 30, 2013, the Court received two amicus curiae briefs: (a) one
submitted by Sorina Macricini, Cristian González Chacó and Bruno Rodríguez Reveggio, of
Notre Dame Law School, of which section VIII and the following parts were in English. The
Court received the corresponding translation on June 10, 2013, and (b) one submitted by
Christine M. Venter, Ana-Paolo Calpado and Daniella Palmiotto, of Notre Dame Law School,
in English.
13.
Final written arguments and observations. The representative forwarded its final
written arguments on June 15, 2013, and the State on June 15 and 18, 2013. In addition,
at that time, the State responded to the questions posed by the judges during the public
hearing and the representative referred, in general, to the context. On June 15 also, the
Commission transmitted its final written arguments. On June 18, 2013, the State advised
that, “owing to a clerical error in the numbering and citations of the footnotes,” it had
amended its brief with final arguments, which it had first uploaded to the “Dropbox” internet
site, and therefore asked the Court to verify that the new document appeared on that site.
On June 19, 2013, in a communication of the Secretariat of the Court (hereinafter “the
Secretariat”), the State was informed that the President would be advised for the pertinent
effects, and advised “that once a document has been presented to the Court it cannot
continue to be amended.” On June 20, 2013, the State advised that both versions of the
final written arguments were available on the internet site that had been provided so that
the Court could compare the two briefs, and repeated that a clerical error had been made.
The briefs with arguments and observations were forwarded to the parties and to the InterAmerican Commission on July 2, 2013, and the President granted them until July 15, 2013,
at the latest, to submit any observations they deemed pertinent on the annexes to the said
briefs. In this case, the Court admits the second brief with final arguments uploaded to the
“Dropbox” internet site, because the changes made are of a clerical nature relating to the
numbering of the footnotes, and will take this into consideration for the effects of this
Judgment.
14.
Observations on the annexes attached to the final arguments. On July 15, 2013, both
the Commission and the representative presented their observations on the annexes
submitted by the State together with the final written arguments; however, they also made
other observations. In a communication of the Secretariat of July 17, 2013, on the
instructions of the President, the representative and the Commission were advised that, in
the case of aspects that exceeded the observations on the documents annexed to the
State’s arguments, the pertinence of considering them would be decided by the Court at the
appropriate procedural opportunity. In addition, on July 15, 2013, the State presented,
7
8
Judge Diego García-Sayán’s mandate as President ended on December 31, 2013.
There appeared at this hearing: (a) for the Inter-American Commission: Dinah Shelton, Commissioner,
Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, legal adviser; (b) for the
representative of the presumed victims: Giovana Lemus Pérez, Pamela González Ruiz and Sonia Acabal Del Cid of
REDNOVI, and (c) for the State: Rodrigo Villagrán Sandoval and Irini Villavicencio Papahiu.