92.
In its brief presenting the case (supra Having Seen 1), the Commission requested,
“according to Article 35(1)(f)) of the Rules of the Inter-American Court , […] the transfer,
where pertinent, of the statements of Antonio Canova González, in the case Chocrón
Chocrón v. Venezuela, José Luis Tamayo Rodríguez and Alberto Arteaga Sánchez, in the
case of Reverón Trujillo v. Venezuela, and Param Cumaraswamy and Jesús María Casal
Hernández, in the case of Apitz Barbera et al. (“First Court of Contentious Administrative
Matters”) v. Venezuela, who referred to matters of public order [addressed in this case].”
Messrs. Antonio Canova González and Alberto Arteaga Sánchez, who rendered expert
opinions in those cases, were subsequently offered as expert witnesses in this case by
the representatives in their brief of pleadings and motions (supra Having Seen 2). In the
definitive list of deponents and in the brief of confirmation (supra Having Seen 15 and
18), the Commission made no reference to the request to transfer statements. In its
observations to the definitive lists, the Commission requested permission to submit
questions to the expert witnesses Antonio Canova González and Alberto Arteaga Sánchez
(supra Having Seen 23), but without making any mention of the request to transfer the
statements that both had rendered in the cases of Chocrón Chocrón and Reverón Trujillo.
93.
In its observations to the definitive lists of deponents, the State indicated that “the
Commission did not ratify the transfer of [the aforementioned five ] statements,” and
therefore it considers that “this Court should declare that this motion has been withdrawn,
in accordance with [Article] 46 of the Rules of the Court”.
94.
Given that when statements and expert opinions rendered in other cases are
transferred to the file of a case being heard they have the character of documentary
evidence, since they are not received under the adversarial principle and right to defense
because the opposing party cannot ask questions, neither the Commission nor the party
requesting such transfer has been asked to confirm these in their definitive lists of
deponents. 43
95.
In this case, the President deems it appropriate to decide, once the expert opinions
required in this Order have been received, whether it is useful and necessary to transfer
one or several of the aforesaid statements rendered in other cases against Venezuela,
granting the parties an opportunity to present observations. Given that the expert opinion
of Antonio Canova González (supra Considering para. 50) has been accepted in this Order,
it is unnecessary to consider the transfer of his expert opinion rendered in the case
Chocrón Chocrón v. Venezuela.
K) Manner in which the statements and expert opinions will be received
96.
It is necessary to ensure knowledge of the truth and the most complete
presentation of the facts and arguments by the parties, insofar as these are pertinent to
resolving the matters in dispute, guaranteeing both the parties’ right to defend their
respective positions and the Court’s possibility of adequately examining the cases
submitted to its consideration, bearing in mind that their number has grown considerably
and is increasing constantly. It is also necessary to guarantee a reasonable term in the
length of the proceeding, as required for effective access to justice. Accordingly, it is
essential to receive the greatest possible number of testimonies and expert opinions
through affidavits, and that the Court hear those alleged victims, witnesses and expert
43
Cf. Case of J v. Peru. Order of the Acting President of the Court of April 16, 2013, Considering para. 46;
Case of the Pacheco Tineo Family v. Bolivia, Order of February 19, 2013 of the President of the Court,
Considering para. 54.
27