D.3) The Commission’s request to question an expert witness proposed by the
representatives
19.
The Commission requested the oral or written opportunity to question expert witness
Claudia Samayoa, proposed by the representatives, because the proposed purpose is
related to protection measures for human rights defenders in dangerous situations and the
criminal investigation of patterns of human rights violence against them. In its observations
on the final lists of deponents presented by the parties, the Commission added that “this
issue is related both to inter-American public order and to the matter to be dealt with by the
expert opinion of Pedro Berrizbeitia,” offered by the Commission.
20.
Regarding the Commission’s request, the President recalls the provisions contained
in the Court’s Rules of Procedure with regard to the reception of testimony proposed by the
Commission, as well as with regard to its faculty to question the deponents offered by the
other parties. 4
21.
In particular, it is pertinent to recall the provisions of Article 50(5) of the Rules of
Procedure, which establish that “[t]he alleged victims or their representatives, the
respondent State, and, if applicable, the petitioning State may formulate questions in
writing for the declarants offered by the opposing party and, if applicable, by the
Commission who have been convened by the Court to render their statements by affidavit.”
This article should be read in conjunction with Article 52(3) of the Rules of Procedure, which
establishes the possibility that the Commission question the expert witnesses presented by
the other parties, when stipulating that “if authorized by the Court upon receiving a wellgrounded request therefor, when the inter-American public order of human rights is affected
in a significant manner and the statement in question regards a topic included in the
statement of an expert witness offered by the Commission.” Hence, in each case, the
Commission must substantiate the relationship with both inter-American public order and
the matter on which the expert opinion is offered, so that the Court or its President may
duly assess the request and, if appropriate, authorize the Commission to ask its questions.
22.
The President notes that, although the purpose of the expert opinion of Claudia
Samayoa covers aspects that may be relevant for inter-American public order, it is not
possible to relate it to the expert opinion offered by the Commission, because the latter
does not have implications for inter-American public order (supra considering paragraph
13). Therefore, since the second requirement established in Article 52(3) of the Rules of
Procedure is not met, the request is denied.
E.
Application of the Assistance Fund
23.
In the Order adopted by the President on November 28, 2011 (supra having seen
paragraph 6), he decided to find admissible the request made by the presumed victims,
through their representatives, to access the Victims’ Legal Assistance Fund of the InterAmerican Court; hence, the necessary financial assistance would be granted to cover the
expenses relating to the adequate appearance or presentation of a maximum of four
testimonies, either at the hearing or by affidavit.
4
Cf. Case of González Medina and Family Members v. Dominican Republic. Order of the President of the
Inter-American Court of Human Rights of June 3, 2011, forty-fourth considering paragraph.
6