II
PROCEEDINGS BEFORE THE COURT
4.
On August 29 and September 14, 2011, Boris Molina Acevedo forwarded to the Court
the powers of attorney to represent 12 of the presumed victims. 5
5.
On August 31, 2011, Gerardo Trejos Salas forwarded to the Court the powers of
attorney to represent 6 of the presumed victims. 6
6.
The submission of the case was notified to the State and to the representatives on
October 18, 2011. In view of the fact that the representatives of the presumed victims did
not reach agreement on the appointment of a common intervener, the President of the
Court, in application of Article 25(2) of the Court’s Rules of Procedure, ordered the
appointment of Mr. Molina Acevedo and Mr. Trejos Salas as common interveners with
autonomous participation.
7.
On December 19, 2011, the common interveners submitted to the Court their
respective briefs with pleadings, motions and evidence (hereinafter “pleadings and motions
brief”), under Article 40 of the Court’s Rules of Procedure. The common interveners agreed,
in general terms, with the arguments of the Commission. Representative Molina alleged the
violation of Articles 17(2), 11(2) and 24 of the American Convention, in relation to Articles
1(1) and 2 thereof, to the detriment of the presumed victims that he represents.
Representative Trejos Salas alleged the violation of Articles 4(1), 5(1), 7, 11(2), 17(2) and
24 of the Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of the
presumed victims he represents.
8.
On April 30, 2012, Costa Rica submitted to the Court its brief with preliminary
objections, in answer to the brief submitting the case, and with observations on the
pleadings and motions brief (hereinafter “answering brief”). In this brief, the State filed two
preliminary objections and denied that any human rights had been violated in the instant
case. The State appointed Ana Lorena Brenes Esquivel, Attorney General, as its Agent and
Magda Inés Rojas Chaves, Deputy Attorney General, as co-agent.
9.
On May 8, 2012, Huberth May Cantillano advised that the presumed victims
represented by Gerardo Trejos had appointed him as their new representative owing to the
death of Mr. Trejos. He presented the respective powers of attorney.
10.
On June 21 and 22, 2012, respectively, the Inter-American Commission and the
common interveners submitted their observations on the preliminary objections filed by the
State (supra para. 8).
11.
In an Order of August 6, 2012, 7 the President of the Court required that the
statements of two deponents for informative purposes, four presumed victims, and seven
5
Presumed victims: Ileana Henchoz Bolaños, Joaquinita Arroyo Fonseca, Julieta González Ledezma, Karen
Espinoza Vindas, Enrique Acuña Cartín, Carlos E. Vargas Solórzano, Miguel Antonio Yamuni Zeledón, Giovanni
Antonio Vega Cordero, Oriéster Rojas Carranza, Héctor Jiménez Acuña, Victor Hugo Sanabria León and María del
Socorro Calderón Porras.
6
Presumed victims: Germán Alberto Moreno Valencia, Miguel Gerardo Mejías Carballo, Grettel Artavia
Murillo, Ana Cristina Castillo León, Claudia Carro Maklouf and Andrea Bianchi Bruna.
7
Cf. Case of Artavia et al. (In vitro fertilization) v. Costa Rica. Order of the President of the Inter-American
Court of Human Rights of August 6, 2012. Available at: http://www.corteidh.or.cr/docs/asuntos/
artavia_06_08_12.pdf