II PROCEEDINGS BEFORE THE COURT 4. Notification to the State and to the representative. The Court notified the Commission’s submission of the case to the State and the representative on March 1, 2012. 5. Brief with pleadings, motions and evidence. On April 28, 2012 the representative of the presumed victims filed his brief with pleadings, motions and evidence before the Court (hereinafter “pleadings and motions brief”). Overall, the representative agreed with the allegations made by the Commission and asked the Court to declare the international responsibility of the State for the violation of the same articles alleged by the Commission; he also asked that the Court declare the violation of Article 5 (Right to Humane Treatment) of the Convention, with regard to Melba Suárez Peralta and her next of kin. In addition, the representative asked for access to the Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter “the Court’s Assistance Fund” or “the Fund”). Lastly, he asked the Court to order the State to adopt different measures of reparation and to reimburse certain costs and expenses. 6. Answering brief. On August 22, 2012, the State submitted to the Court its brief with its preliminary objections, answer to the brief submitting the case, and observations on the pleadings and motions brief (hereinafter “answering brief”). In this brief it presented a series of preliminary objections and “prior questions” (infra para. 12). The State appointed Erick Roberts as its Principal Agent, and Carlos Espín and Daniela Ulloa as Deputy Agents. 7. Access to the Victims’ Legal Assistance Fund. The request to access the Court’s Assistance Fund filed by the presumed victims, through their representative, was admitted in an Order of the President of the Court (hereinafter “the President”) of September 14, 2012. 4 8. Observations on the preliminary objections. On October 11 and 13, 2012, the Commission and the representative of the presumed victims, respectively, presented their observations on the preliminary objections filed by the State. 9. Public hearing and additional evidence. In an Order of the President of December 20, 2012, 5 the parties were summoned to a public hearing so that the Court could receive their final oral arguments and observations on the preliminary objections and eventual merits, reparations and costs, as well as the testimony of Dennis Cerezo Cervantes and the expert opinion of Laura Cecilia Pautassi. Subsequently, in an Order of January 24, 2013, 6 the Court decided to receive, at a public hearing, the statement of the presumed victim, Melba del Carmen Suárez Peralta, instead of the testimony of Dennis Cerezo Cervantes, which it was requested should be provided by affidavit. The public hearing took place on February 11, 2013, during the Court’s ninety-eighth regular session held at its seat. 7 During the hearing, the testimony of one presumed victim and one expert witness was received, together with 4 Cf. Case of Suárez Peralta v. Ecuador. Order of the President of the Inter-American Court of Human Rights of September 14, 2012. Available at: http://www.corteidh.or.cr/docs/asuntos/suarez_fv_12.pdf. 5 Cf. Case of Suárez Peralta v. Ecuador. Order of the President of the Inter-American Court of December 20, 2012, supra. 6 Cf. Case of Suárez Peralta v. Ecuador. Order of the President of the Inter-American Court of Human Rights of January 24, 2013. Available at: http://www.corteidh.or.cr/docs/asuntos/suarez_24_01_13.pdf. 7 There appeared at this hearing: (a) for the Inter-American Commission: Elizabeth Abi-Mershed, Jorge H. Meza Flores, and Silvia Serrano Guzmán; (b) for the representatives of the presumed victims: Jorge Sosa Meza and José Peralta, and (c) for the State of Ecuador: Carlos Espín and Daniela Ulloa. 6