7
the State (supra paras. 23, 24 and 25), with appendixes. In this brief and its
appendixes, the representatives requested the Inter-American Court to reject the
preliminary objections.
28.
On February 20, 2004, the State forwarded a communication in which it
declared that “it rejected the arguments on merits submitted by the other parties in
the written arguments on preliminary objections.” El Salvador also indicated that it
considered it important “to hold a hearing on objections, prior to considering the
merits; and also that it was necessary to grant an opportunity for rejoinder
concerning the arguments on merits submitted by the other parties” and, based on
Article 38 of the Rules of Procedure, it requested the Court to grant it the
opportunity “to present arguments on the preliminary objections, and the respective
rejoinder to the other parties.”
29.
On April 1, 2004, the representatives submitted a brief in which they advised
that María Victoria Cruz Franco, mother of the alleged victims, had died on March 30,
2004. On April 20, 2004, the representatives submitted a copy of Mrs. Cruz Franco’s
death certificate.
30.
On May 4, 2004, on the instructions of the judges of the Court, the
Secretariat informed the parties that: (a) it would duly assess the written arguments
on the preliminary objections presented by the Inter-American Commission and the
representatives and would take into account what the State had indicated as regards
these briefs; (b) regarding the procedural opportunity to respond to these briefs on
preliminary objections of the Commission and the representatives, the State could do
this when presenting its oral arguments during the public hearing that it would
convene, and also when presenting its final written arguments; the Court therefore
considered it unnecessary to carry out any further actions in the written proceeding;
and (c) respecting the principle of procedural economy, the Court holds a single
hearing on preliminary objections and the possible stages of merits, reparations and
costs, except in extremely rare cases when it is considered absolutely necessary, as
indicated in Article 37(5) of the Rules of Procedure of the Court. In this regard, the
Secretariat told the parties that the Court had examined the request made by the
State (supra para. 28) and considered, as it had in almost all cases since the most
recent changes in its Rules of Procedure, that it was not necessary to hold a hearing
on preliminary objections separately from the hearing on the possible stages of
merits, reparations and costs in this case.
31.
On August 6, 2004, the President issued an order convening the parties to a
public hearing to be held at the seat of the Court as of September 7, 2004, to hear
their final oral arguments on preliminary objections and merits, reparation, and
costs, and the testimonial statements of Suyapa Serrano Cruz, Elsy Rosibel Dubón
Romero and Jon María Cortina, proposed by the Inter-American Commission and
endorsed by the representatives of the alleged victims and their next of kin, and also
the statements of Jorge Alberto Orellana Osorio, Miguel Uvence Argueta, Ida María
Grott de García and María Esperanza Franco Orellana de Miranda, proposed as
witnesses by the State. In this order, the President also informed the parties that
they had until October 8, 2004, to submit their final written arguments on
preliminary objections and merits, reparation, and costs.
32.
On August 20, 2004, the International Commission of Jurists remitted an
amicus curiae brief.
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