4
13.
On October 7, 2004 the Secretariat of the Court (hereinafter “the
Secretariat”), prior preliminary examination of the application by the President of the
Court (hereinafter “the President”), notified it along with its appendixes to the State
and informed it of the terms for its reply and appointment of their representation in
the process.
On that same day the Secretariat, following the President’s
instructions, informed the State of its right to appoint a judge ad hoc to participate in
the consideration of the case.
14.
On October 7, 2004, in accordance with that stated in Article 35(1)(d) and (e)
of the Rules of Procedure, the Secretariat notified the representatives of the alleged
victim (hereinafter “the representatives”), specifically the Institute of Public Criminal
Defense Services of Guatemala and the Institute of Compared Studies on Criminal
Sciences of Guatemala, of the application.
15.
On November 26, 2004 the State, after having been granted an extension,
appointed Mr. Alejandro Sánchez Garrido as judge ad hoc. On that same day, the
State appointed Mr. Herbert Estuardo Meneses Coronado as Agent and Mr. Luis
Ernesto Cáceres Rodríguez as Deputy Agent.
16.
On December 3, 2004 the representatives presented their brief of pleadings,
motions, and evidence (hereinafter “brief of pleadings and motions”).
17.
On December 9, 2004 Mr. Alejandro Sánchez Garrido, who had been
appointed as judge ad hoc, stated that, “in compliance with Article 19 of the Statute
of the Court[, he had the duty to excuse himself from knowing [of said case as judge
ad hoc] and requested that this excuse be accepted.”
18.
On December 10, 2004 the Secretariat, following the President’s instructions,
in accordance with Articles 10 and 19 of the Statute and the attributions granted by
Articles 4 and 29(2) of the Rules of Procedure, once again invited the State to
appoint, in accordance with the practices of the Court, a Judge ad hoc to participate
in the consideration of the case, within the following 30 days.
19.
On January 17, 2005 the State appointed Mr. Arturo Alfredo Herrador
Sandoval as judge ad hoc.
20.
On February 11, 2005 the State presented its response to the petition and its
observations to the brief of pleadings and motions.
21.
On February 23, 2005 the Institute of Comparative Studies in Criminal and
Social Sciences of Argentina (INECIP), represented by Mr. David Baiguin and Mrs.
Silvina Ramírez presented an amicus curiae in the present case.
22.
On March 7, 2005 Mr. Eugenio Raúl Zaffaroni presented an amicus curiae in
the present case.
23.
On April 28, 2005 the President issued a Ruling through which, in accordance
with Article 47(3) of the Rules of Procedure, he required that Mr. Fermín Ramírez,
proposed as a witness by the representatives, and Messrs. Eduardo Montealegre
Lynett and Alberto Martín Binder, proposed as expert witnesses by the Commission,
and Messrs. Alejandro E. Álvarez, César Barrientos Pellecer and Rodolfo Francisco
Kepfer Rodríguez, proposed as expert witnesses by the representatives, offer their
testimony or expert opinions through statements given before a notary public
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