4
(hereinafter “the President”), pursuant to the provisions of Article 35(1)(b) of the
Rules of Procedure, served said application and its appendixes on the State and also
notified the State of the term allowed to answer the application and to appoint its
agents in the proceedings.
18. On May 20, 2004, pursuant to Article 35(1)(d) and (e) of the Rules of
Procedure, the Secretariat served the application on Humberto Palamara-Iribarne,
his representatives and the attorneys from CEJIL (hereinafter “the representatives”)
and informed them the term within which the brief of requests, arguments and
evidence should be filed (hereinafter “brief of requests and arguments”).
19. On June 16, 2004, the State appointed Amira Esquivel-Utreras as agent and
Miguel Ángel González-Morales as deputy Agent.
20. On July 19, 2004, the representatives filed a brief of requests and arguments,
attached documentary evidence and offered testimonies of witnesses and expert
witnesses as evidence.
21. On September 16, 2004, the State filed the answer to the application and
comments on the brief of requests and arguments, but no evidence was submitted.
22. On January 12, 2005, the Secretariat sent a note to Chile, based on the
instructions of the President, to inform that, since Judge Cecilia Medina-Quiroga,
Chilean citizen, excused herself from hearing this case, pursuant to Articles 19 of the
Statute and 19 of the Rules of Procedure of the Court, the State had the right to
appoint, within 30 days, an ad hoc judge to participate in the hearing of the instant
case, pursuant to the provisions of Article 55(3) of the American Convention, Article
10(3) of the Statute of the Court and Article 18 of the Rules of Procedure of the
Court. The State failed to make such appointment.
23. On March 18, 2005, the President issued an Order requiring Anne StewartOrlandini, Fernando Palamara-Stewart, Humberto Palamara-Stewart and Raimundo
Palamara-Stewart, witnesses proposed by the representatives, to render their
testimony through affidavits. The President further ordered Carlos Peña-Gonzalez,
expert witness proposed by the Commission and the representatives, and Cristian
Riego-Ramírez and María Inés Horvitz, expert witnesses proposed by the
representatives, to render their expert opinions through affidavits. Likewise, in such
Order, the President summoned the parties to attend a public hearing to be held in
Asunción, seat of the Supreme Court of Paraguay, on May 9, 2005, to hear the final
oral arguments regarding the merits and potential reparations and costs, and the
testimony of
Humberto Antonio Palamara-Iribarne, witness proposed by the
Commission and the representatives, the testimony of Manuel González-Araya and
Carlos Vega-Delgado, witnesses proposed by the representatives, and the report of
Alex Avsolomovich-Callejas, expert witness proposed by the Commission and the
representatives. In such Order, likewise, the President informed the parties that the
term to submit their final written arguments on the merits, reparations, and costs
would expire on June 9, 2005.
24. On April 6, 2005, the representatives filed a brief requesting, among other
things, “[t]hat the applicants be authorized to allow the expert witness Cristian Riego
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