extendible time frame for the presentation of the brief with final arguments. Hence, the
Court considers that these arguments are inadmissible, because they were time-barred.
12.
On October 25, 2013, the Secretariat of the Court, on the instructions of the
President of the Court, granted the representatives, the State, and the Commission until
November 15, 2013, to submit any observations they deemed pertinent, exclusively on the
briefs and annexes presented by the State and the representatives on October 4, 2013.
13.
Observations of the representative, the State, and the Commission. On November
13, 2013, the representatives of the presumed victim forwarded their brief with
observations on the answers provided by the State in its brief with final arguments of
October 4, 2013, to the questions posed by the Court during the public hearing, as well as
on the annexes to this brief presented by the State on October 10, 2013. The Commission
and the State did not submit observations.
III
PRELIMINARY OBJECTIONS
14.
In its brief answering the Merits Report, the State presented the following arguments
as “preliminary objections”: (i) a challenge of the judges and the Secretary of the Court; (ii)
the rejection of the recusal presented by Judge Eduardo Vio Grossi in order not to
participate in the proceedings, and (iii) the presumed failure to exhaust domestic remedies.
A.
The “preliminary objections” presented by the State challenging some
judges and the Secretary of the Court, and rejecting the recusal presented
by Judge Eduardo Vio Grossi
15.
Regarding the so-called “preliminary objections” presented by the State challenging
five of the judges and the Secretary of the Court, and rejecting the recusal of Judge
Eduardo Vio Grossi, the President, in an Order of November 23, 2012, 14 decided that “the
allegations of the lack of impartiality of some of the judges of the Court in the performance
of their functions, and the supposed pressure exercised on one of the judges to recuse
himself from hearing this case, presented by the State of Venezuela as a preliminary
objection did not constitute a preliminary objection.” This was because he considered that
“the State’s allegation of lack of impartiality was unfounded in relation to Judges Diego
García-Sayán, Manuel Ventura Robles, Leonardo A. Franco, Margarette May Macaulay and
Rhadys Abreu Blondet, who have not incurred in any of the statutory causes for
disqualification or carried out any action that would allow their impartiality to be
questioned,” and found “inadmissible and unfounded the State’s allegations with regard to
the supposed lack of impartiality of Pablo Saavedra Alessandri, the Court’s Secretary.”
16.
Furthermore, in an Order of November 29, 2012, 15 the Court had decided “[t]o
confirm that the recusal of Judge Eduardo Vio Grossi […] was presented to the President of
14
Cf. Case of Brewer Carías v. Venezuela. Order of the acting President of the Inter-American Court, Judge
Alberto
Pérez
Pérez,
of
November
23,
2012.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/brewer_23_11_12.pdf
15
Judge Vio Grossi indicated that “in the 1980s, [he] was a professor of the Public Law Institute of the
Faculty of Legal and Political Sciences of the Universidad Central de Venezuela, of which Mr. Brewer Carías was the
Director,” so that he “had a professional and work-related relationship with him.” Judge Vio Grossi added that,
“[e]ven though all that was some time ago, [he] would not want this fact to give rise to any doubt, however
minimal, with regard to the impartiality of both [him]self, and especially of the Court.” On November 12, 2012, the
State, in its brief answering the Merits Report and the motions and arguments brief, indicated that it “reject[ed]”
7