the Rules of Procedure and provides that the statement of Mrs. Salmón be rendered by way of
an affidavit, pursuant to the purpose and manner established in the operative part.
e) Request of the State to reject the two expert witnesses offered by the
representatives
20.
The State argued that upon comparing the purposes of the expert opinions of Mr.
Carlos Lopez and Mr. Jose Quiroga, proposed by the representatives in their brief containing
pleadings and motions and their final list, “serious differences are evident.” It argued that the
opportunity to present the purpose of the expert statements is defined in Article 40(c) of the
Rules of Procedure and, in the light of Article 46 thereof, the final list of declarants is just a
confirmation or retraction of the evidence offered in a timely manner in the brief containing
pleadings and motions. Therefore, the State objected to such claims as it considered they were
time-barred, to the extent that the purpose described in the final list implies a change to the
purpose thereby openly contravening the rules of procedure, which means it is inadmissible
and must be rejected.
21.
In this regard, the President considers that, as affirmed by the State, the presentation
of the final list of declarants does not imply an opportunity to modify the purpose of the
statements originally offered. In turn, a proposal for modification of the purpose of a
statement does not necessarily invalidate the possibility of receiving or hearing this statement,
so long as it has been offered in a timely manner. In this case, the purpose of the expert
opinions of Mr. López and Mr. Quiroga was substantially expanded in the representatives’ final
list of declarants, regarding that proposed in the brief containing the pleadings and motions.
Given that the mentioned expert reports were offered in a timely manner by the
representatives, and given that the modification of the purpose was not justified, such expert
evidence shall be adduced from the originally offered purpose, pursuant to the operative part
of this Order.
f) Admissibility of the evidence offered by the Inter-American Commission
22.
The Commission offered the expert report of Mr. Alejandro Valencia Villa, to render a
statement at the hearing on international standards that determine the State's obligations in
the framework of the military operations taking place in a context of internal armed conflicts,
including the obligations to the civilian population and international standards to be taken into
account when investigating cases like this case. Established across the board, the expert
witness will analyze the convergence and complementarity of international human rights law
and international humanitarian law.
23.
Pursuant to that established in Article 35(1)(f) of the Rules of Procedure, the “possible
appointment of expert witnesses” can be carried out by the Inter-American Commission “when
the Inter-American public order of human rights is affected in a significant manner,” whose
basis and purpose must be appropriately supported. The purpose of this provision makes
appointment of expert witnesses by the Commission an exceptional fact, subject to this
requirement which is not merely satisfied by the fat that the evidence sought to be provided
relates to an alleged violation of human rights. The “Inter-American public order of human
rights [must] be affected in a significant manner,” to which the Commission must then support
this situation.4
24.
The Commission considered that the Court is called to decide on different aspects of
State obligations in the context of internal armed conflicts, specifically in the context of
4
Cf. Case of Pedro Miguel Vera Vera et al. V. Ecuador. Order of the President of the Inter-American Court of
Human Rights of December 23, 2010, Considering clause nine, and Case of El Mozote Massacre and neighboring areas,
supra nota 3, Considering clause 17.
7