6
6.
The application was notified to the State and the representatives on February
23, 2010. On April 22, 2010, the State presented, in an anticipated manner, a brief
denominated “answer to the application,” to which on June 10, 2010, the Secretariat,
following the instructions of the plenary of the Court, reported that said brief could
not be filed, given that, in the terms of Article 41 of the Rules of Procedure, the State
was to give its position on the case once filed before the Inter-American Commission,
and when filed, on the brief of pleadings, motions, and evidence, and that said brief
was presented prior to the expiration of the period established for the
representatives to do so. Once the State’s response and its annexes were received,
(supra para. 5), it was forwarded to the Commission and the representatives, and
following the instructions of the President, the date of September 20, 2010, was
established as the deadline for the presentation of observations regarding the
acknowledgement of responsibility by the State.
7.
By means of the Order of September 10, 2010, the President of the Court
accepted a request to replace the expert offered by the Commission, ordered that
the submission of declarations rendered before a public notary (affidavit) by the
witnesses and experts offered by the Commission and representatives, and convened
the parties to a public hearing in Quito, Ecuador, to hear the declarations of the
alleged victims, witnesses, and experts, proposed by the representatives, as well as
the oral arguments of the parties, and the observations of the Commission regarding
the merits and possible reparations.
8.
On September 15 and 20, 2010, the representatives and Commission
submitted their observations regarding the acknowledgment of State responsibility.
9.
By means of the Order of September 23, 2010, the President of the Court
accepted the request for replacement of one of the witnesses offered by the
representatives for said individual to render a declaration at the public hearing.
10.
On September 24 and 26, 2010, after an extension, the representatives
submitted the declarations rendered before a public notary (affidavit). By means of
the note of September 29, 2010, the Secretariat forwarded the declarations, and in
the terms set forth in the Order of the President (supra para. 7), granted a period of
7 days for the parties to present the observations they deemed relevant, which were
not formulated by any of the parties.
11.
On September 27, 2010, the State submitted a brief wherein it was noted
that “it recognizes [Mr.] Juan Gelman as a victim in the proceeding.” Following
instructions by the President of the Court, the Secretariat indicated to the
Commission and the representatives the possibility of presenting their observations
concerning what was manifested by the State during the public hearing.
12.
On October 5, 2010 the Commission requested the granting of a new deadline
for María Elena Salgueiro to present an expert opinion submitted by means of an
affidavit, to which the President of the Court held that since Commission had decided
on September 24, 2010, not to present the expert opinion, said request was not
sufficiently substantiated, and as such the Court did not further consider the matter.