5
28.
On February 24, 2004, the Inter-American Press Association (IAPA) submitted
an amicus curiae brief.
29.
On February 27, 2004, the President issued an Order in which, in accordance
with Article 47(3) of the Rules of Procedure, he requested Miguel López and
Fernando Pfannl, proposed as witnesses by the Commission and the representatives,
to provide their testimonies by affidavit, and Hermann Baumann, Ramón Jiménez
Gaona, Oscar Aranda, Juan Carlos Mendonça and Wolfgang Schöne, proposed by the
State, the former as witnesses and the last two as expert witnesses, to provide their
testimonies and expert reports, respectively, by statements made before the Chief
Public Recording Officer of the Government of the Republic of Paraguay. The
President granted a non-extendible period of twenty days from the transmittal of
these affidavits for the Inter-American Commission, the representatives, and the
State to submit any observations they deemed appropriate on the said witness
statements and expert reports presented by the other parties. In the Order, the
President convened the parties to a public hearing to be held at the seat of the InterAmerican Court, as of April 28, 2004, to hear their final oral arguments on merits
and possible reparations and costs, and also the testimonial statements of Ricardo
Nicolás Canese Krivoshein and Ricardo Lugo Rodríguez, and the expert reports of
Jorge Seall-Sasiain, Horacio Verbitsky and Danilo Arbilla. Lastly, in the Order, the
President advised the parties that they had until May 29, 2004, to submit their final
written arguments on merits and possible reparations and costs.
30.
On March 4, 2004, la Asociación para la Defensa del Periodismo
Independiente (PERIODISTAS) [the Independent Journalism Defense Association]
presented an amicus curiae brief.
31.
On March 19, 2004, the State forwarded the testimonial statements and the
expert report (affidavits) made by the witnesses Hermann Baumann, Ramón Jiménez
Gaona and Oscar Aranda Núñez, and by the expert witness, Juan Carlos Dionisio
Mendonça del Puerto before the Chief Public Recording Officer of the Government of
the Republic of Paraguay (supra para. 29). On March 24, 2004, the State presented
a note in which it advised that “it had not been possible to obtain the expert
[evidence] of Wolfgang Schöne within the time limit established by the Court;
consequently, [it had not forwarded] that evidence.” Moreover, in these
communications, the State requested the Court to allow the three witnesses who had
made statements (affidavits) before the Chief Public Recording Officer of the
Government of the Republic of Paraguay, to appear at the public hearing before the
Court. This request was communicated to the President of the Court, who decided,
on April 2, 2002, not to request the appearance of the said witnesses at the public
hearing, because he did not consider it necessary.
32.
On March 25, 2004, Fernando A. Pfannl Caballero, proposed as a witness by
the Commission and the representatives, forwarded his sworn written statement
made on March 25, 2004 (supra para. 29). The State made no comment on this
statement.
33.
On March 29, 2004, Miguel Hermenegildo López, proposed as a witness by
the Commission and the representatives, forwarded his sworn written statement
made before public notary (affidavit) that same day (supra para. 29). The State
made no comment on this statement.