5
[the various probatory steps ordered on July 30, 2004 by the Specialized Prosecutor
of the Human Rights and International Humanitarian Law Unit of the Office of the
Government Attorney [Fiscalía General de la Nación] of Colombia and on the public
hearing being held by the Ninth Criminal Court of the Specialized Circuit of Bogotá
against General Jaime Humberto Uscátegui Ramírez”. On January 31, 2005 the
Secretariat, under instructions by the President, asked the State and the InterAmerican Commission to submit their comments on the matter.
25.
On January 28, 2005 the President issued an Order in which, in accordance
with Articles 44 and 47(3) of the Rules of Procedure, he summoned the witnesses
offered by the representatives, Carmen Johanna Jaramillo Giraldo, Esther Pinzón
López, Sara Paola Pinzón López, María Teresa Pinzón López, Yur Mary Herrera
Contreras, Zuli Herrera Contreras, Maryuri Caicedo Contreras, Nadia Marina Valencia
Sanmiguel, Yinda Adriana Valencia Sanmiguel, Johanna Marina Valencia Sanmiguel,
Gustavo Caicedo Contreras, Rusbel Asdrúbal Martínez Contreras, Roland Andrés
Valencia Sanmiguel, Ronald Mayiber Valencia Sanmiguel, and Luis Guillermo Pérez,
as well as expert witnesses Ana Deutsch and Robin Kirk, to render their testimony
and expert opinions through statements made before a notary public (affidavits),
which should be sent by the representatives no later than February 15, 2005. The
President also granted a non-extendable 7-day period, beginning on the date said
statements were received, for the Commission and the State to submit such
comments as they deemed pertinent.
The President also summoned the
Commission, the representatives and the State to a public hearing to be held at the
seat of the Inter-American Court beginning on March 7, 2005 at 8:45 a.m., to hear
their final oral pleadings on the preliminary objections and merits, reparations, and
costs in the instant case, as well as the testimony of Nory Girlado de Jaramillo,
Marina Sanmiguel Duarte, and Viviana Barrera Cruz, offered by the Commission and
by the representatives; Luz Mery Pinzón López and Mariela Contreras Cruz, offered
by the representatives, and Manuel José Bonnet Locarno, Harold Bedoya Pizarro, and
Camilo Osorio Isaza, offered by the State; as well as the expert opinion of Federico
Andreu, proposed by the representatives. The President also informed the parties
that they had a non-extendable period up to April 8, 2005 to submit their final
written pleadings with regard to the preliminary objections and merits, reparations,
and costs.
26.
On February 2, 2005 the State submitted a brief in which it partially desisted
from the testimonial evidence offered with regard to Manuel José Bonnet Locarno
and Harold Bedoya Pizarro, and at the same time it requested authorization to
replace the statement by Camilo Osorio Isaza with that of Gustavo Morales Marín.
27.
On February 9 and 10, 2005, in response to a request by the Secretariat,
under instructions by the President, the representatives and the Commission
submitted their comments on said requests regarding the testimony offered as
evidence by the State (supra para. 26).
28.
On February 10, 2005 the State forwarded some of the information requested
by the representatives in their January 26, 2005 brief (supra para. 24).
29.
On February 15, 2005 the representatives forwarded the statements rendered
before a notary public (affidavits) and the sworn statements requested by the
President (supra para. 25), except those of Rusbel Asdrúbal Martínez Contreras and
Roland Mayiber Valencia Sanmiguel “for reasons of force majeure”.
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