3
of the rights enshrined in Articles 8 (Right to a Fair Trial), 23 (Right to Participate in
Government), and 5 (Right to Humane Treatment) of the Convention.
5.
On April 4, 2008 the State presented its brief of preliminary objections, its
respondent’s plea, and observations to the brief of pleadings and motions
(hereinafter “respondent’s plea”). The preliminary objection filed refers to the alleged
lack of exhaustion of domestic remedies. The State argued it offered the alleged
victim “a quick and effective judicial recourse to remedy the dismissal she was object
of, pursuant with the nature of the position occupied […], since the decision issued
by the Administrative [Political] Chamber […] annulled her dismissal, ordered her
acceptance in the competitive tender, and accordingly eliminated from her file any
mention of her dismissal.” The State appointed Mr. Germán Saltrón Negretti as Agent
and Mr. Larry Devoe Márquez as Deputy Agent.
6.
Pursuant with Article 37(4) of the Rules of Procedure, on May 8 and 14, 2008
the Commission and the representatives, respectively, presented their arguments on
the preliminary objection filed by the State (supra para. 5).
II
PROCEEDING BEFORE THE COURT
7.
The application was notified to the State and the representatives on December
4, 2007. During the proceedings before this Tribunal, besides the filing of the main
briefs forwarded by the parties (supra paras. 1, 4, and 5), the President of the Court
(hereinafter “the President”) ordered through an Order, 3 the receipt, through
statements offered before notary public (affidavit), of some of the statements and
expert opinions offered by the parties in a timely manner. Similarly, through the
mentioned Ruling, modified by the President on October 8, 2008, the parties were
summoned to a public hearing in order to receive the statements of the witnesses
and the experts proposed, as per the case, by the Commission, the State, and the
representatives, as well as the final oral arguments on the preliminary objection and
the possible merits, reparations, and costs. Finally, the President gave the parties
time until February 20, 2009 to present their corresponding briefs of final arguments.
8.
The public hearing was held on January 23, 2009 during the LXXXII Regular
Session of the Court, held in the city of San José, Costa Rica.4
9.
On November 27, 2008 the Tribunal received a brief filed by the Legal Clinic of
the Law School of the Torcuato Di Tella University in Argentina, in their quality of
amicus curiae. 5 Said brief presented, inter alia, an analysis of comparative law
regarding the regulation of judicial independence in some of the countries of the
region. On March 30, 2009 The Court received a brief from the Human Rights Center
and the Law School of the University of Essex6, in its quality of amicus curiae, in
3
Cf. Case of Reverón Trujillo v. Venezuela. Order of the President of the Court of September 24,
2008.
4
The following appeared at this hearing: a) for the Inter-American Commission: Santiago Canton,
Executive Secretary; Elizabeth Abi-Mershed, Deputy Executive Secretary; Lilly Ching and Silvia Serrano,
advisors; b) for the alleged victim: Carlos M. Ayala Corao, Rafael J. Chavero Gazdik, and Marianella
Villegas Salazar, and c) for the State: Germán Saltrón Negretti, Agent; Larry Devoe, Deputy Agent; Julián
Isaías Rodríguez, former Attorney General of the Republic, and Nelson Pineda, Ambassador of Venezuela
in Costa Rica.
5
Said brief was presented by Hernán Gulico and Melisa Romero.
Said brief was presented by Fernanda Acauan Santana, Gail Aguilar Castanon, Gabriel Alegrett,
Brett Dodge, Jess Duggan-Larkin, Evie Franco, Tessa H.W. Hausner, Maria Isabel Henao Trip, Chiara
6