II PROCEEDINGS BEFORE THE COURT 4. The Commission’s submission of the case was notified to the State and the representatives on June 15, 2011. On August 15, 2011, the representatives filed their brief with pleadings, motions and arguments (hereinafter “the pleadings and motions brief”) before the Court, pursuant to Articles 25 and 40 of the Rules of Procedure. The representatives agreed, in general, with the arguments presented by the Inter-American Commission and asked the Court to declare the international responsibility of the State for the violation of the articles argued by the Commission. Lastly, they asked the Court to order the State to adopt various measures of reparation and reimburse specific costs and expenses. Furthermore, the representatives indicated that they represented 18 alleged deceased victims and their next of kin and that they had never established contact with the next of kin of the other 89 deceased inmates. Nevertheless, they noted that, “in view of a potential favorable judgment of the Court, [they] could represent a posteriori and in the domestic sphere, the victims and their next of kin who, for different reasons, were not included in the attached power of attorney.”3 5. On October 21, 2011, Honduras submitted to the Court its answer to the briefs filing the case and with pleadings and motions (hereinafter “the answering brief” or “answer”). In this brief, the State contested all the claims presented by the Commission and the representatives, denied its international responsibility for the alleged violations of the American Convention, and rejected the reparations requested. The State appointed Ethel Deras Enamorado and Ricardo Rodríguez as Agents for the case. 6. In an Order of January 27, 2012, the President of the Court required, inter alia, that several statements be received in this case.4 In addition, he convened the parties to a public hearing, which was held on February 28, 2012, during the Court’s ninety-fourth regular session which took place at the seat of the Court.5 3 In this regard, on May 17, 2011, prior to the presentation of the pleadings and motions brief, the representatives transmitted a communication to the Court in which it indicated that it was representing 19 deceased presumed victims and 49 of their next of kin before the Court, “because the remaining 36 next of kin of those initially listed before the Commission […] ha[d] not signed the power of attorney […]. These 36 next of kin should be added to the other 89 victims and their next of kin regarding whom we have absolutely no knowledge of where they are and with whom we have never established contact. In other words, there are a total of 125 individuals who would not be represented before the Court and who were listed before the Commission.” Nevertheless, they considered that “in view of a potential favorable judgment of the Court, [they] could represent a posteriori and in the domestic sphere, the victims and their next of kin who, for different reasons, were not included in the attached power of attorney.” In this regard, in a note of the Secretariat (REF.: 12.680/003) of June 15, 2011, notifying the case, the parties were advised that “the President of the Court ha[d] decided to continue processing the case, in the understanding that the representatives have indicated their willingness to represent all those supposedly affected by the facts of the instant case and have stated that, despite their efforts, to date they have not been able to maintain contact with more presumed victims or next of kin. Accordingly, it is to be hoped that the organizations that are the representatives take into account in their pleadings and motions the general interests of all the presumed victims identified on the said lists. Consequently, the representatives are asked to advise the Court opportunely if they come to represent other individuals during these proceedings.” 4 Cf. Case of Pacheco Teruel et al. v. Honduras. Order of the President of the Inter-American Court of Human Rights of January 27, 2012. Available at: http://www.corteidh.or.cr/docs/asuntos/pacheco_27_01_12.pdf. 5 At this hearing there appeared: (a) for the Inter-American Commission: Tracy Robinson, Commissioner, Elizabeth Abi-Mershed, Deputy Executive Secretary, and Tatiana Gos, legal adviser; (b) for the representatives: Joaquín Armando Mejía Rivera, Brenda Vianney Mejía Vásquez, Iolany Pérez, Carlos Guillermo Paz Guevara, Isis Gricelda Perdomo Zelaya and Mario Roberto Chinchilla Mejía, and (c) for the State: Ethel Deras Enamorado, Eduardo Jair López Zúniga and Sonia Gálvez. 5