6
Personal Liberty); 8(1), 8(2), 8(2)(b), 8(2)(d), 8(2)(e), 8(2)(g) (Right to Fair Trial);
17(1) (Rights of the Family); 21(1) and 21(2) (Right to Property), and 25(1) (Right
to Judicial Protection) of the American Convention. They also asked the Court to
adjudge that the State abridged Articles 1, 6 and 8 of the Inter-American Convention
against Torture. They furthermore asked the Court to find a violation of the right to
humane treatment to the detriment of Beatrice Baruet, Sarah Vachon, Jeanne Camila
Vachon, Lisianne Judith Tibi, and Valerian Edouard Tibi, for their suffering. Finally,
they requested certain reparations and the payment of costs and expenses.
26.
On October 31, 2003 the State filed two preliminary objections, replied to the
application, and submitted comments on the pleadings and motions, after having
requested an extension, which was granted by the President. The objections filed by
the State were the following: “Non-exhaustion of domestic remedies” and “Lack of
ratione materiae jurisdiction of the Inter-American Court to hear on violations of the
Inter-American Convention to Prevent and Punish Torture.”
27.
On December 18, 2003 the Inter-American Commission submitted, in English,
its comments on the preliminary objections filed by the State. The following day, the
Secretariat informed the Commission that it would not process said brief until it
received the translation into Spanish. The Commission submitted the translation into
Spanish on January 6, 2004. In said brief, the Commission asked the Court to find
the first preliminary objection inadmissible, and it made no statement on the second
preliminary objection filed.
28.
On December 19, 2003 the representatives submitted comments on the
preliminary objections filed by the State and they asked the Court to reject the two
preliminary objections and to continue processing the instant case, in the merits
stage.
29.
On June 11, 2004 the President issued an Order in which, pursuant to Article
47(3) of the Rules of Procedure, it authorized Elsy Magdalena Peñafiel Toscano,
Blanca López and Gloria Antonia Pérez Vera to submit their testimony trough
affidavits submitted before a notary public, and also authorized Alain Abellard,
Laurent Rapin, Brigitte Durin and Michel Robert, all of them offered by the
representatives, the former three as witnesses and the latter as an expert witness,
to submit their testimony and expert opinion through statements before a notary
public. The President ordered the substitution of expert witness Alberto Wray, offered
by the representatives, by César Banda Batallas, pursuant to Article 44(3) of the
Rules of Procedure, and authorized rendering of his statement before a notary public.
The President also granted a non-extendable five-day period, beginning on the date
when the affidavits were forwarded, for the Commission and the representatives to
submit such comments as they deemed pertinent regarding the statements of Elsy
Magdalena Peñafiel Toscano, Blanca López and Gloria Antonia Pérez Vera, and for the
Commission and the State to send their comments on the statements by Alain
Abellard, Laurent Rapin and Brigitte Durin and on the expert opinions of Michel
Robert and César Banda Batallas. The President also summoned the Commission,
the representatives of the alleged victim and his next of kin, and the State to a
public hearing to be held at the seat of the Court, beginning on July 7, 2004, to hear
their arguments on the preliminary objections and merits, reparations, and costs,
and to hear the testimony of Daniel Tibi, Beatrice Baruet and Juan Montenegro, and
the expert opinions of Santiago Argüello Mejía, Ana Deutsch and Carlos Martín
Beristain, offered by the Commission, the representatives, and the State, as
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