5
21.
The hearing on the preliminary objections raised by the Government took place on June
16, 1987. Representatives of the Government and the Commission participated in this hearing.
22.
On June 26, 1987, the Court delivered its judgment on the preliminary objections. In this
unanimous decision, the Court:
1.
Reject(ed) the preliminary objections interposed by the Government of
Honduras, except for the issues relating to the exhaustion of the domestic legal
remedies, which (were) ordered joined to the merits of the case.
2.
Decide(d) to proceed with the consideration of the instant case.
3.
Postpone(d) its decision on the costs until such time as it renders
judgment on the merits.
(Fairén Garbi and Solís Corrales Case, Preliminary Objections, Judgment of
June 26, 1987. Series C No. 2).
23.
On that same date, the Court adopted the following decision:
1.
To instruct the President, in consultation with the parties, to set a deadline
no later that August 27, 1987 for the Government to submit its Counter-Memorial
on the merits and offer its evidence, with an indication of the facts that each item
of evidence is intended to prove. In its offer of proof, the Government should
show how, when and under what circumstances it wishes to present the evidence.
2.
Within thirty days of the receipt of the submission of the Government, the
Commission must ratify in writing the request of proof already made, without
prejudice to the possibility of amending or supplementing what has been offered.
The Commission should indicate the facts that each item of evidence is intended
to prove and how, when and under what circumstances it wishes to present the
evidence. As soon as possible after receiving the Government's submission
referred to in paragraph one, the Commission may also supplement or amend its
offer of proof.
3.
To instruct the President, without prejudice to a final decision being taken
by the Court, to decide preliminary matters that might arise, to admit or exclude
evidence that has been offered or may be offered, to order the filing of expert or
other documentary evidence that may be received and, in consultation with the
parties, to set the date of the hearing or hearings on the merits at which evidence
shall be presented, the testimony of witnesses and any experts shall be received,
and at which the final arguments shall be heard.
4.
To instruct the President to arrange with the respective authorities for the
necessary guarantees of immunity and participation of the Agents and other
representatives of the parties, witnesses and experts, and, if necessary, the
delegates of the Court.
24.
In its submission of July 20, 1987, the Commission ratified and supplemented its request
for oral testimony and offered documentary evidence.
25.
On August 27, 1987, the Government filed its Counter-Memorial and documentary
evidence. It asked that the matter be "dismissed because the allegations were untrue and the
Government was not responsible for any of the actions of which it was accused."