9.
The Commission understood that these expert opinions would refer to aspects of the
inter-American public order, while the expert opinion of Elizabeth Salmón would address
“issues related to standards of due process applicable in cases of violence against women,
and those related to the obligation of States to investigate cases wherein the victim is a
child, based on the principle of the best interests of the child and on international standards
related to the rights of women and girls,” and the expert opinion of Elisa Portillo Nájera
would address “the relationship between this specific case and the context of violence
against women in that country (Guatemala); between violence and discrimination based on
gender; and between a context of violence and discrimination, and the structural failings
reflected in the lack of an effective judicial response.” The Commission considered that “it
would be important to present information on the relationship between those factors and
the obstacles faced by family members in this and other cases in their efforts to obtain
justice and the continuing situation of impunity.”
10.
The representatives did not raise any objections to the two expert opinions offered
by the Commission (supra Having Seen 4). For its part, the State affirmed that it
“understands that the expert witnesses [proposed by the Commission] have extensive
experience and knowledge of the issues on which their expert opinions [are] sought.”
However, “the topics [on which] they will provide their expert opinions are the same as
those proposed by the [representatives]; thus, the expert evidence becomes abundant and
excessive, affecting the principle of procedural economy” (cursive in the original text). Also,
in relation to the proposed expert opinion of Elizabeth Salmón, it noted that “this would
address the same [issues] as the [expert opinions of] María Eugenia Solís García and Ana
Carcedo Cabañas”, proposed by the representatives (infra Considering paras 15 to 17), and
added that “the State [and the Court are perfectly aware of the obligations and duties
assumed by the States. There is no need for an expert witness to discuss this in relation to
a particular case.” It also pointed out that the “importance of the investigation”, a topic that
would be covered by the expert opinion proposed, “is not a disputed fact […] and therefore
the expert opinion in question is not necessary.” As to the expert opinion of Elisa Portillo
Nájera, the State asserted that it is “not necessary” since “it will consider the context the
instant case” and “the C[ommission] and the [representatives …] in their Report on the
Merits and brief of [p]leadings [and m] otions […] have already provided a comprehensive
presentation of [this]”.
11.
With regard to the expert opinion offered by Elisa Portillo Nájera, the President notes
that, despite the observations made by the Commission concerning its possible links with
the inter-American public order, its object is substantially and specifically limited to the
particular situation of Guatemala, since it refers, among other points, to the relationship
between “this specific case and the context of violence against women [and impunity] in
that country.” Therefore, it is not appropriate to admit the expert opinion of Elisa Portillo
Nájera.
12.
With regard to the expert opinion of Elizabeth Salmón, the President considers that
her expert opinion may contribute to strengthen the capacity of the Inter-American System
of Human Rights to provide protection on matters of international standards on the duty to
investigate cases of violence against women and girls. This transcends the specific interests
of the parties in the case and may have an impact on situations that arise in other States
Parties to the Convention 5, thereby generating interest relevant to the inter-American public
5
Cf. Case of Pacheco Teruel et al. v. Honduras. Order of the President of the Inter-American Court of
January 27, 2012, Considering para. 9, and Case of Camba Campos et al. v. Ecuador, supra, Considering para. 22.
5