4
II
PROCEEDINGS BEFORE THE COURT
7.
The Commission’s application was notified to the representatives and to the State
on August 27, 2009, respectively.5 Subsequent to the presentation of the brief of
pleadings and motions, the representatives requested information regarding the alleged
supervening facts, to which the Commission and State had the opportunity to respond.
During the proceedings before this Court, in addition to the presentation of the principal
briefs (supra paras. 1, 4, and 5), and others sent by the parties, in an order of April 23,
2010, the President of the Court (hereinafter “the President”) ordered the submission of
testimony, rendered before a public notary (hereinafter, “affidavit”), the testimony of
three witnesses proposed by the Commission and by the representatives, as well as the
expert opinions of six expert witnesses proposed by the Commission and by the
representatives.6 Moreover, for the sake of procedural efficiency, the President accepted
the incorporation of the affidavits of two witnesses and two experts, proposed by the
Commission and by the representatives in the present case that were rendered in the
case of Fernández Ortega et al. v. México.7 With regards to the aforementioned, the
parties had the opportunity to make their observations. Likewise, the President
convened the Commission, the representatives, and the State to a public hearing to hear
the statement of one of the alleged victims and a testimony, both proposed by the
Commission and the representatives; and the expert opinion of one expert witnesses
proposed by the representatives, together with the final oral arguments of the parties on
the preliminary objection and the merits, reparations, and costs.8 Within the cited public
hearing, and given the circumstances of this case, Mrs. Rosendo Cantu gave her
testimony in private.9
8.
The public hearing was held on May 27, 2010, during the Court’s LXXXVII Regular
Period of Sessions of the Court.10
5
On October 5, 2009, the State appointed Alejandro Carlos Espinosa as Judge Ad hoc.
6
Cf. Case of Rosendo Cantú et al. v. Mexico. Summons to a Public Hearing, Order of the President of
the Inter-American Court of Human Rights on April 23, 2010, Operative Paragraph 1.
7
Cf. Case of Rosendo Cantú et al. v. Mexico. Summons to a Public Hearing, supra note 6, Operative
Paragraph 1.
8
Cf. Case of Rosendo Cantú et al. v. Mexico. Summons to a Public Hearing, supra note 6, Operative
Paragraph 5.
9
Cf. Case of Rosendo Cantú et al. v. Mexico. Summons to a Public Hearing, supra note 6, Considering
Clause 13.
10
At this hearing, there appeared: a) for the Inter-American Commission: María Silvia Guillén,
Commissioner; Elizabeth Abi-Mershed, Deputy Executive Secretary, and Lilly Ching and Fiorella Melzi, legal
advisors; b) For the representatives: Abel Barrera Hernández, Vidulfo Rosales Sierra, Alejandro Ramos
Gallegos, Jorge Santiago Aguirre Espinosa, Alejandra González Marín, Cristina Hardaga Fernández, Mario
Ernesto Patrón Sánchez, and Stephanie Erin Brewer, de Tlachinollan, and Alejandra Nuño, Gisela De León,
Agustín Martin, and Luis Carlos Buob, of CEJIL, and c) for the State: Armando Vivanco Castellanos, Deputy
Director General of Cases, Democracy, and Human Rights of the General Office of Human Rights and
Democracy of the Secretariat of Foreign Relations; José Antonio Guevara Bermúdez, Head of the Unit of
Promotion and Defense of Human Rights of the Ministry of the Interior, Faustino Esmir Balanzar Sagrero,
Director of de Health Services for the Secretariat of Health of the State of Guerrero; Guadalupe Salas and
Villaseñor, Deputy Director of Cultural Promotion of Non-violence Against Women of the Attorney General’s
Office of the Republic; Rogelio Rodríguez Correa, Deputy Director for International Affairs of the General Office
for Human Rights of the Secretariat of National Defense; Carlos Mercado Casillas, Deputy Director General of
the Promotion of Human Rights of Women and the Strengthening of the Social Fabric of the National
Commission to Prevent and Erradicate Violence against Women of the Secretariat of the Interior; María de la
Luz Reyes Ríos, Director General of the Ombudsman Service of the General Secretariat of the government of
the state of Guerrero; José Ignacio Martín del Campo Covarrubias, Director of International Litigation on
matters relating to human rights of the Secretariat for Foreign Affairs; Katya Vera Morales, Head of
International Litigation on matters relating to human rights of the Secretariat for Foreign Affairs; Luis Manuel
Jardón Piña, Head of the Litigation Department of the Legal Office of Chancellery; Zadalinda González and
Reynero, Agent of the State; Carlos Garduño Salinas, Deputy Director of Investigation and Attention to Cases