5
and the representatives, and Mireya Josefina Ayala-Gualdrón, Inocenta del Valle
Marín, Nazario Ruiz, María Auxiliadora Zerpa de Moreno, Osmar Martínez, Douglas
Lizano and Edgar López, witnesses proposed by the representatives, to render
testimony by affidavit. The President further ordered that expert witness Pieter Van
Reener, proposed by the Commission, and Expert witnesses Magdalena Ibañez,
Christopher Birkbeck and Magaly Vásquez, proposed by the representatives, had to
render their testimonies by affidavit. Likewise, the President convened the
representatives and the State to a public hearing to be held in the Hearing Room of
the Supreme Court of Justice of the Nation, in the city of Buenos Aires, Argentina as
from April 4, 2006, to hear the final oral arguments regarding the preliminary and
contingent objection, on the merits, reparations and costs of the instant case, as well
as the testimony of witnesses and expert witnesses proposed by the Commission and
the representatives. Additionally, through such order the President informed the
parties that they had to file their final written arguments regarding the preliminary
and contingent objections, and on the merits, reparations and costs on or before May
19, 2006. Finally, the President requested the State to submit evidence to facilitate
de adjudication of the case.
22.
On February 22, 2006, the Inter-American Commission informed that it would
exclude the testimony of Pedro Ramón Castro, because due to “health problems” he
could not comply with the request made by the President in the Order dated
February 7, 2006 (supra para. 21)
23.
On February 23 and 24, 2006, the Inter-American Commission and the
representatives submitted the affidavits with testimonies and expert reports
requested by the President (supra para. 21.) On March 10, 2006, the Inter-American
Commission sent the affidavit of expert witness Pieter Van Reenen.
24.
On March 23, 2006, the Commission reported that, due to reasons beyond
her control, witness Ana María González, who had been subpoenaed to appear before
the Inter-American Court at a public hearing (supra para. 21,) could not travel to the
city of Buenos Aires, and therefore, she could not render testimony. For this reason,
the Commission requested the Court to allow the testimony of Giovanni GaviriaVelásquez instead. On March 27, 2006, the representatives stated their acceptance
to the request of the Commission. The State did not file any objections whatsoever.
25.
On March 28, 2006, the Inter-American Court issued an Order admitting the
substitution of witnesses proposed by the Commission and decided to call Giovanni
Gaviria-Velásquez to render testimony at a public hearing, substituting Ana María
González.
26.
On April 4, 2006, the public hearing was held in Buenos Aires, Argentina, and
the following persons were present thereat: a) for the Inter-American Commission:
Paulo Sergio Pinheiro and Santiago Canton, as Delegates; Víctor H. Madrigal, Juan
Pablo Albán, Debora Benchoam, Lilly Ching and Camilo Sánchez, Legal Counsel; b)
for the representatives: Liliana Ortega, Carlos Ayala-Corao and Willy Chang, on
behalf of COFAVIC, and Viviana Krsticevic, Tatiana Rincón and Pedro Díaz, on behalf
of CEJIL, and c) for the State: María Auxiliadora Monagas, Agent; Iskrey Pérez, Alis
Boscán and Boris Bosio, Legal Counsel. Also present, Giovanni Gaviria-Velásquez, as
witness offered by the Commission, and Nellys María Madriz and Arturo Peraza,
witnesses offered by the representatives. During said public hearing, the State
acknowledged its international responsibility for the events, and admitted the claims
made by the Inter-American Commission in its application and those made by the
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