been withdrawn because they were not expressly ratified in the brief confirming the
definitive lists.
14.
First, the President will consider the procedural stage at which the representatives
requested the substitution of two persons proposed to render an expert opinion which,
according to Venezuela, constitutes a breach of Article 46 of the Rules of the Court.
Subsequently, he will consider whether or not the requests for substitution meet the
requirements stipulated in Article 49 of the Rules of the Court (infra Considering paras. 18
to 23).
15.
Article 49 of the Court’s Rules of Procedure does not specify a term within which
the parties or the Commission should request the substitution of deponents offered in
their brief of pleadings and motions. The Court has pointed out, however, that “the parties
must take all due care when making their offers of evidence and, before submitting their
definitive lists, to ensure that those persons they have proposed to appear at a public
hearing are in a position to be summoned by the Court.” 8
16.
In this case, the expert witnesses whose substitution was requested by the
representatives were offered in a timely manner in the brief of pleadings and motions and
were ratified in the definitive list of deponents. However, in the additional brief confirming
the information provided in the definitive lists (supra Having Seen 18), the representatives
did not include Messrs. Alberto Arteaga Sánchez and Rafael Chavero Gadzik as expert
witnesses , but included, for the first time, the offer of Messrs. Jesús Ollarves Irazábal and
Domingo García Belaúnde as expert witnesses. Five days later, on June 19 (supra Having
Seen 20), the representatives submitted a brief specifying that in their brief confirming
the definitive list they did indeed intend to submit a request to substitute the expert
witnesses, as they had announced that they might do in their definitive list (supra
Considering para. 11), and asked the President to review his decision to not consider this
as a request for substitution. Furthermore, the representatives requested that the brief of
June 19 be considered as the request for substitution. Bearing in mind that in this last
brief the representatives included, prima facie, information on the requirements stipulated
in Article 49 of the Rules, the President granted the State a period to submit observations
to the request for substitution (supra Having Seen 21).
17.
With regard to the fact that, in the brief confirming their definitive list of expert
witnesses, the representatives did not explain why they were not including Messrs. Alberto
Arteaga Sánchez and Rafael Chavero Gadzik but, on the contrary, offered for the first time
Messrs. Jesús Ollarves Irazábal and Domingo García Belaúnde as expert witnesses, this
cannot have the legal effect of suggesting that they are withdrawing two expert opinions.
Although the representatives did not mention in the brief confirming the definitive list that
they were requesting the substitution of two expert witnesses, they did so formally five
days later. Consequently, it is admissible to examine the merits of the request for
substitution proposed in the representatives’ brief of June 19, 2013.
18.
It is appropriate, then, to consider whether the requests for substitution comply
with the requirements stipulated in Article 49 9 of the Rules of the Court.
8
Cf. Case of Rosendo Cantú et al. v. United Mexican States. Order
Human rights of May 19, 2010, Considering para. 16.
9
of the Inter-American Court
This provision states that:
Exceptionally, upon receiving a well-founded request and after hearing the opinion of the
opposing party, the Court may accept the replacement of a declarant, as long as his or
her replacement is identified, and always respecting the object of the statement,
8
of