12
David Padilla, Deputy Executive Secretary
Denise Gilman, Advisor
Viviana Krsticevic, Assistant; and
Raquel Aldana-Pindell, Assistant
Witnesses proposed by the Commission:
Mario Ernesto Sosa Orellana
Acisclo Valladares Molina
Ismael Salvatierra Arroyo
Luis Alberto Gómez Guillermo
Jesús Efraín Aguirre Loarca
Simeón Cum Chutá; and
Julio Alberto Soto Bilbao.
Although they had been summoned by the Court, the following witnesses, proposed
by the Commission, did not appear to give their statements:
Rolando Edeberto Barahona
Margarito Sarceño Medrano
Julio Cintrón Gálvez
Julio Roberto Alpírez
Gregorio Ávila; and
José Víctor Cordero Cardona.
55.
During the public hearing held on November 22, 1998, the State presented a
copy of a certificate issued by the Civil Registry of Nuevo San Carlos, Department of
Retalhuleu, on October 26, 1998, and copy of a letter of November 20, 1998, signed
by Julio Roberto Alpírez.
56.
On December 4, 1998, the State offered as evidence the documents
mentioned by four of the witnesses during the public hearing of November 22 and
23, 1998. On December 11, 1998, the Secretariat informed the State that some of
the documents offered were illegible or incomplete. On January 26, 1999, the
Secretariat again requested the missing documents. On February 1 and March 18,
1999, the State sent some of the missing documents. On February 3 and March 23,
1999, the Secretariat indicated to Guatemala that some of the documentation
offered was missing. At the time this judgment was issued, the State had not sent
any communication in this regard.
57.
On December 4, 1998, the Commission stated that the documents
contributed by Guatemala at the public hearing of November 22, 1998 (supra 54),
were not truly supervening, and that they should have been submitted with the
answer to the application; at the same time it pointed out a series of anomalies in
these documents.
58.
With regard to the last point, on December 10, 1998, the President informed
the Commission that, during the public hearing, it had been explained that “any
evidence ha[d] to be submitted through the appropriate channels; and, the
documents offered had not been delivered to the Secretariat of the Court on that
occasion”. Moreover, the Commission was informed that, before any document sent
by the State was included, it would be forwarded to the Commission so that it could
make the pertinent observations. On January 12, 1999, the Commission reiterated