F) Objections by the State to two witness statements offered
representatives
by
the
74.
The representatives offered the witness statements of Leon Henrique Cottin and
José Rafael Odreman Lezama, to refer to “the [alleged] violations of due process suffered
by professor Brewer Carías.” In the definitive list of deponents and in their confirmation
brief (supra Having Seen 15 and 18), the representatives stated that they consider that
Mr. Leon Henrique Cottin should be summoned to testify at the public hearing and that
Mr. José Rafael Odreman Lezama could render his statement by affidavit. They added
that, “in the event that the lawyer Leon Henrique Cottin is unable to appear at the hearing
in this case, they propose, alternatively, that the testimony of the lawyer Odreman be
received at the hearing.”
75.
The State objected to those testimonies, arguing that the representatives
“contradict [themselves…] by offering two witnesses who will discuss exactly the same
points.” It also objected to the representatives’ request that if Mr. Cottin was unable to
appear at the hearing, then Mr. Odreman Lezama should do so. Venezuela considers that
this would imply” duplicating the procedural steps”, since Mr. Odreman’s affidavit would
be presented prior to the hearing; therefore, “if Mr. Odreman has already submitted his
testimony in writing, he could hardly attend the hearing to discuss what he already stated
in the written document.” The State considers that this constitutes an illegal substitution
of witnesses in the event of the absence of one of them on the day of the hearing, which
would infringe “the principle of procedural economy and the preclusion of actions.”
76.
This Presidency has confirmed that both witnesses were indeed offered to testify on
the same object because of their knowledge of the facts, given that both acted as defense
lawyers for Mr. Brewer Carías in the domestic criminal proceeding. The President deems it
appropriate to admit both testimonies, bearing in mind that these refer directly to facts
disputed in the instant case, rendering them necessary and justifying the receipt of further
evidence.
77.
Consequently, the representatives’ request to authorize Mr. Odreman to render a
statement at the hearing in the event that Mr. Leon Henrique Cottin is unable to appear,
is inadmissible. In the event of an exceptional situation arising that would make it
necessary to request the substitution Mr. Cottin, the representatives may proceed in
accordance with the provisions of Article 49 of the Court’s Rules of Procedure.
78. The President deems it appropriate to admit the witness statements of Leon Henrique
Cottin and José Rafael Odreman Lezama, proposed by the representatives of the alleged
victim. 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 will be received
shall be decided the operative section of this Order (infra Operative paras. 1 and 5).
G) Challenge by the State to the expert witness proposed by
Commission
the
79.
The Inter-American Commission offered the expert opinion of José Jonathan
Zeitune, on “international standards applicable to the effects of the provisional
appointment of judges and prosecutors in relation to the principle of judicial
independence, due process and judicial guarantees for persons subject to a criminal
23