decide the instant case. Consequently, it admits the offer of the representatives. The
purpose and the method of receiving the said expert opinions are determined in the
operative paragraphs of this Order (infra operative paragraph 1(D). The usefulness of these
expert opinions will be assessed at the appropriate opportunity, in the context of the
existing body of evidence and according to the rules of sound judicial discretion.
D. Method of receiving the testimony and expert opinions admitted
15.
It is necessary to ensure the most extensive presentation of the facts and arguments
by the parties on everything that is pertinent for deciding the matters in dispute, ensuring
both the latter’s right to defend their respective positions and also the Court’s ability to give
adequate attention to the cases submitted to its consideration, taking into account that the
number of these cases has increased significantly and is growing constantly. It must also be
ensured that this attention is provided within a reasonable time, as required by effective
access to justice. Consequently, it is necessary to receive the greatest possible number of
statements and expert opinions by affidavit and to hear the presumed victims, witnesses,
and expert witnesses, whose direct testimony is truly essential at the public hearing, taking
into account the circumstances of the case and the purpose of the testimony and expert
opinions.
D.1) Testimony and expert opinions to be provided by affidavit
16.
Bearing in mind the provisions of Article 50(1) of the Rules of Procedure, the
observations of the parties with their final lists of deponents, the purpose of the testimony
offered and its relationship to the facts of the case, and also the principle of procedural
economy, the President finds it desirable to receive, by affidavit, the statements of the
presumed victims: Yolanda Margarita González, Jaime Josué Castillo González and Julijay
Castillo González, proposed by the representatives; the testimony of Luz Marina Márquez
Frontado and Ricardo Soberón, proposed by the representatives, and Rafael Finol Ocando,
proposed by the State, and the expert opinions of Raúl Cubas, Pedro Berrizbeitia, Alfredo
Infante, Claudia Carrillo and Claudia Samayoa, proposed by the representatives.
17.
In application of the provisions of the said article, the President proceeds to grant
the State and the representatives the opportunity to submit in writing, if they so wish, any
questions they consider pertinent to ask the presumed victims, witnesses, and expert
witnesses mentioned in the preceding paragraph. When providing their testimony before
notary public, the deponents must answer the said questions, unless the President decides
otherwise. The corresponding time frames will be defined infra (in operative paragraph 2) of
this Order. The said testimony will be forwarded to the Commission, the State and the
representatives. The State and the representatives may present any observations they
consider pertinent within the time frame indicated in the operative paragraphs of this Order
(infra operative paragraph 4). The Court will determine the probative value of the said
testimony opportunely, taking into account the points of view expressed by the parties in
the exercise of their right of defense, if applicable.
D.2) Testimony and expert opinions to be received at the hearing
18.
The case is ready for the opening of the oral proceedings on the merits and eventual
reparations. Therefore, the President finds it appropriate to convene a public hearing to
receive the following: the statement of presumed victim Yelitze Lisbeth Moreno Cova,
proposed by the representatives; the testimony of Elvis José Rodríguez Moreno, proposed
by the State; and the expert opinions of Michael Reed Hurtado, proposed by the
representatives, and Antonio Urribarrí, proposed by the State.
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