B)
Decision of the President to dismiss the objections of the State
against the proposed expert witnesses
15.
In its response, the State manifested that “it is opposed to the expert testimonies
proposed by the Inter-American Commission and by the representatives […], and contests
the proposed areas of expertise” because these opinions treat “on the questions debated in
the proceedings, and which are the exclusive jurisdiction of the judges of the Honorable
Court.” This opposition was reiterated in its observations on the final list of deponents, with
basis in that “the description of the international standards which would eventually be asked
of the expert witnesses proposed by the Inter-American Commission and the
representatives of the alleged victim have originated and been developed in a progressive
manner by the very jurisprudence of [the] Honorable Court called to resolve the present
case.” Argentina emphasized that “[t]he importance of expert opinion is made manifest in
the circumstance that the judge, despite being an expert in law, is generally not an expert
in other sciences, and may not be knowledgeable about matters of art, mechanics, and
numerous practical activities that require specialized study or ample experience.” According
to the State, “it is clearly unnecessary to produce evidence which, under the limits set by
the parties concerning the proposed points of expertise, could not provide new information
or arguments to help resolve the case under review.”
16.
In his Order, the President declared the abovementioned objections against the three
proposed expert witnesses inadmissible.5 On the matter, the president found that,
even though the proposed experts in this case are lawyers, as this is an international process
what is important is whether, in accordance with the information provided, these experts possess
specialized legal knowledge in criminal law and criminal procedure, and of the Argentine legal
system in those areas; which, when applied to the points in dispute between the parties, can be
useful in the analysis this international human rights tribunal will carry out on the merits of this
case. In a great many cases, the Court has admitted and utilized the expert opinions of lawyers
versed in specific areas or topics of law that could be of use in the Court’s efforts to determine
whether or not a violation of human rights had occurred.6
17.
In its appeal of the Order of the President, the State affirms that it considers that
“the expert testimony is not only unnecessary, but also inappropriate” generally; however,
in its specific allegations it objected only to the admission of the expert testimony of Mr.
Alberto Bovino, by virtue of the following arguments:
a)
In accordance with that which was decided upon by the President in allowing
the expert opinion of Alberto Bovino, Mr. Bovino should limit his testimony to the
international standards that are the jurisdiction of the [H]onorable Court, and
dispense with his special knowledge of criminal law, criminal procedures, and
Argentine law, and
b)
“Despite the argument employed by the President of the Court to dismiss the
objection to the expert testimony filed by the State, the expert witness has not been
requested to comment with respect to criminal law, or criminal procedure, or the
Argentine criminal process– specialties that may be outside of the judges’
5
Considering clauses 26 and 27.
6
Cf., inter alia, Case of Fermín Ramírez v. Guatemala. Merits, Reparations, and Costs. Judgment of June
20, 2005. Series C No. 126, para. 47; Case of Atala Riffo and Children v. Chile. Merits, Reparations, and Costs.
Judgment of February 24, 2012. Series C No. 239, para. 17, and Case of Fornerón and daughter v. Argentina.
Merits, Reparations, and Costs. Judgment of April 27, 2012. Series C No. 242, para. 11.
5