9
36.
On June 17, 1998, the Commission presented a note from the witness, Robert
Torricelli, indicating that he was unable to be present at the public hearing and
providing information about the facts of the case.
37.
The same day, the Commission requested the Court to require the State to
present the following witnesses: Acisclo Valladares Molina, Julio Cintrón Gálvez, Julio
Roberto Alpírez, Mario Ernesto Sosa Orellana, Julio Alberto Soto Bilbao, Rolando
Edeberto Barahona, Margarito Sarceño Medrano, Simeón Cum Chutá, Alberto
Gómez, Major Aguirre, Gregorio Ávila, José Víctor Cordero Cardona and Ismael
Salvatierra Arroyo. It also indicated that “it had always made it clear that [the
Commission] requested the [presentation] of these witnesses” by the State. It
added that, from the Order of the President of April 2, 1998, and from Article 24 of
the Rules of Procedure, it can be inferred that “the State has an affirmative
responsibility to notify all the witnesses summoned who are under its jurisdiction,
and also to facilitate the execution of the summons” by the Court. Lastly, it advised
that the presence of the above-mentioned witnesses was “extremely important for
the examination of the case”. On July 3, 1998, the State declared that, with regard
to this note, “the Court [...], in plenary, during the preliminary hearing (sic)
convened on June 16, 1998, heard the arguments of the Commission and the State.”
38.
The same day, the Commission presented documents related to the facts of
the case from various United States Government agencies. In an Order of June 19,
1998, the Court decided not to admit these documents, as they were time-barred.
39.
On June 30, 1998, the Secretariat, on the Court's instructions, requested the
Commission and the State to present any information they had no later than July 15,
1998 that would help locate the witnesses mentioned in the Commission's
communication of June 17, 1998. On July 7, 1998, the Commission advised that it
had no information for locating these witnesses.
40.
On June 30, 1998, the Court requested the State to transmit some
documents attached to the application, in accordance with Article 44 of the Rules of
Procedure. On July 30, 1998, the State forwarded these documents.
41.
In a note of July 3, 1998, the State reiterated its point of view about the
witnesses proposed by the Commission (supra 33).
42.
On July 31, 1998, the petitioners sent a power of attorney dated June 22,
1998, in favor of the Center for Justice and International Law (hereinafter “CEJIL”).
On August 3, 1998, the Commission sent copy of a power of attorney granted by the
petitioners to CEJIL, represented by Viviana Krsticevic, on June 19, 1998. On August
21, 1998, the President of the Court requested the Commission to provide certain
clarifications about the presentation of the said powers of attorney. In a
communication of August 27, 1998, the Commission indicated that the power of
attorney of June 22, 1998, replaced that of June 19. On September 9, 1998, the
State indicated that, at this stage of the proceeding, the persons named in the power
of attorney are not a party, in accordance with the procedure, and that, in any case,
the power of attorney had not been granted in accordance with the provisions of
Guatemalan legislation, so that “it had the duty to object to the use of legal
instruments created in violation of the laws in force in the country.”
43.
On August 29, 1998, the Court summoned the following witnesses to a public
hearing at the seat of the Court on the following November 22: Acisclo Valladares