deponents offered and the object of their statements” and that, “[e]xpert witnesses must
also submit their curricula vitae and contact information.” According to the Rules of the
Court, the requirements for offering testimonial evidence are less rigorous than those
required to offer expert evidence and the Court has not interpreted that it is a duty of the
party proposing the testimony to attest to the job or position held by the person. Should
the representatives have any questions or observations to make regarding the positions of
those witnesses and their relevance in terms of obtaining knowledge of the facts that are
the object of their testimony, they may do so by exercising their right to question them
and to submit their observations on the evidence, in accordance with Article 50
subparagraphs 5 and 6 and in Article 51 subparagraphs 2 and 3. The Court shall take
these questions into account in its eventual assessment of the evidence. 34
69.
As to the representatives’ objection that the deponents Néstor Castellanos and
Mercedes Prieto are “expert witnesses disguised as witnesses,” this Presidency considers
that the objects of their statements have not been proposed in a manner that warrants
the inadmissibility of the evidence, given that these deponents are not required to issue
a specialized opinion or technical assessment on the compatibility of the system for the
selection and training of Prosecutors and of the Venezuelan criminal proceeding and its
recursive system, respectively, with international standards on those matters.
70.
However, the President takes note of the representatives’ arguments to recall that
any questions submitted to those deponents must be consistent with the nature of the
testimony and that they must limit themselves to testifying on facts and circumstances
that are known to them in their capacity as witnesses. 35
71.
Finally, the President notes that, in the brief confirming the information offered in
the definitive list of deponents, the State added some elements to the object of the
witness statement of Mrs. Santa Palella Stracuzzi. 36 The representatives did not submit
observations in that regard. This Presidency considers that this change does not constitute
a substantial modification or extension of the object, but rather it specifies in greater
detail the object originally proposed in the answer brief.
72.
Based on the foregoing considerations, this Presidency admits the witness
statements of Santa Palella Stracuzzi, Néstor Castellanos and Mercedes Prieto, proposed
by the State, which shall be limited to the facts and circumstances which they can confirm
or that are known to them in their capacity as witnesses. The value of such statements
shall be assessed at the proper procedural moment, within the context of the existing
body of evidence and according to the rules of sound judgment. The object of these
statements and the manner in which they shall be received will be decided in the
operative section of this Order (infra Operative paras. 1 and 5).
73.
It is unnecessary to refer to the challenge against Mr. Néstor Castellanos and Mrs.
Mercedes Prieto, since these deponents have been admitted as witnesses, as proposed.
34
Cf. Case of the Massacre of Santo Domingo v. Colombia. Order of the President of the Inter-American
Court of June 5, 2012, Considering para. 16.
35
Cf. Case of Norin Catriman et al. (Lonkos, leaders and activists of the Mapuche Indigenous People) v.
Chile. Order of the President, April 30, 2013, Considering paras. 23 a 25.
36
“Public Contest for Admission to the Prosecutor’s Profession. Continuous Training Program for
Prosecutors of the Attorney General’s Office” was added.
22