3
9.
On October 6, 2003, after an extension was granted, the representatives of
the victim and his next of kin filed the brief containing pleadings, motions, and
evidence, together with its annexes.
10.
On November 6, 2003 the State filed its brief in response to the application
and its annexes, in which it filed three preliminary objections.1
11.
On April 26 and 27, 2004 the Court held the public hearing, in two parts, and
those appearing at this hearing were:
on behalf of the Inter-American Commission on Human Rights:
Susana Villarán, Delegate;
María Claudia Pulido, advisor; and
Lilly Ching, advisor;
on behalf of the representatives of the victim and his next of kin:
Viviana Krsticevic, representative;
Soraya Long Saborío, representative; and
Oswaldo Ruiz, representative;
on behalf of the State of Guatemala:
Herbert Estuardo Meneses Coronado, Agent;
Luis Ernesto Cáceres Rodríguez, Deputy Agent; and
Mayra Alarcón Alba, Executive Director of COPREDEH;
witnesses offered by the Inter-American Commission on Human Rights and by the
representatives of the victim and his next of kin:
Emma Theissen Álvarez Vda. de Molina;
Ana Lucrecia Molina Theissen; and
Emma Guadalupe Molina Theissen;
witness offered by the representatives of the victim and his next of kin and
summoned by the Inter-American Court of Human Rights:
María Eugenia Molina Theissen;
witness offered by the representatives of the victim and his next of kin:
Axel Mejía Paíz;
expert witness offered by the Inter-American Commission on Human Rights:
Carlos Martín Beristain; and
1
The State filed the following preliminary objections: “Ratione Temporis lack of jurisdiction of the
Court regarding facts that are prior to the Statement of Acceptance of the adjudicatory jurisdiction of the
Court; Lack of Active Legal Standing, and Non-exhaustion of the regular domestic remedies.”
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