7
following instructions by the President, informed the State that it had already
forwarded to the State, on July 26, 2002, the curricula vitae of the expert witnesses
proposed by the Commission and by the representatives of the next of kin of the
victim.
35.
On November 30, 2002 the President issued an Order in which he admitted
the testimony and expert opinions offered by the Commission and by the
representatives of the next of kin of the victim. He also summoned the parties to a
public hearing to be held at the seat of the Inter-American Court, beginning on
February 18, 2003, to hear their final oral pleadings on preliminary objections, the
merits, and possible reparations, as well as the testimony of Monsignor Julio Cabrera
Ovalle, Virgilio Rodríguez Santana, Rember Larios Tobar, Henry Monroy Andrino,
Lucrecia Hernández Mack, Helen Mack Chang, Gabriela Vásquez Smerelli, and
Nadezhada Vásquez Cucho and the expert opinion of Mónica Pinto proposed both by
the Commission and by said representatives. He also decided to hear the expert
opinion of Katharine Doyle, Alicia Neuburger, Iduvina Hernández, and Javier Llobet
Rodríguez, offered only by the representatives of the next of kin of the victim.
Finally, he ordered that the testimony of Clara Arenas Bianchi and Carmen de LeónEscribano Schlotter and the expert opinion of Bernardo Morales Figueroa be received
in writing.
36.
On January 17, 2003, the representatives of the next of kin of the victim
asked the Court, based on Article 43 of the Rules of Procedure, to summon Henry El
Khoury Jacob as an expert witness during the public hearing ordered, in substitution
of Javier Llobet Rodríguez, because the latter was appointed as a Judge of the
Criminal Court of Appeal in Costa Rica “[and] his participation [in the public hearing]
faces insuperable logistic and ethical difficulties.” On January 21, 2003, the
Secretariat, following instructions by the President, addressed the Commission and
the State for them to submit whatever observations they deemed pertinent regarding
the requested substitution of the expert witness, before the 27th of that same month
and year. Neither the Commission nor the State objected to said substitution.
37.
On January 17, 2003, the representatives of the next of kin of the victim sent
the sworn written statements of Carmen de León-Escribano Schlotter and Clara
Arenas Bianchi and the expert opinion of Bernardo Morales Figueroa.
38.
On January 20, 2003, Helen Mack Chang sent a letter in which she rescinded
the previous power of attorney in favor of attorneys Taylor Lee Burke and Jeff Clark
and she granted a power of attorney to Alberto Bovino, Robert O. Varenick, Elijah
Barret Prettyman Jr., Lyndon Tretter, Shannon Tovan McDaniel, David Kassebaum,
Viviana Krsticevic, and Roxana Altholz. She also appointed David Kassebaum as
common intervener.
39.
On January 30, 2003, the President issued an Order in which he accepted the
offer of expert witness Henry El Khoury Jacob as a substitute for Javier Llobet
Rodríguez, for him to render an expert opinion during the public hearing to be held
beginning on February 18, 2003, in the instant case.
40.
On February 14, 2003, the State submitted a brief in which it stated that it
had decided to maintain and reiterate before the Court, in the same and literal terms
stated before the Commission in March, 2000, “the international acceptance of its
Institutional Responsibility in the Myrna Mack Chang case No. 10,636.”
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