5
briefs in the case submitted by the parties (supra paras. 1, 6, 7, 8, 10 and 11), the
President of the Court7 (hereinafter, “the President”) ordered the reception of
affidavits and expert testimony rendered before a notary public by the lay and
expert witnesses offered by the Commission, the common intervener, and the State.
The parties were given the opportunity to submit their observations with respect to
this testimony. In addition, in light of the particular circumstances of the present
case, the President convened a public hearing among the Inter-American
Commission, the common intervener, and the State, in order to hear the testimony
of one of the alleged victims and three other witnesses, and to hear the closing
arguments of the parties with respect to the preliminary objections, and the possible
merits, reparations and costs in the case. This public hearing was held on January
25 and 26 of 2007 during the LXXIV Regular Period of Sessions of the Court.8
During the hearing, the State informed the Court of the existence of a “friendly
settlement” reached between the State and Carmen Alicia Estrada. The Commission
and the common intervener requested that the Court continue with its examination
of the merits of the case. In addition, the Secretariat, following instructions from the
President, and in accordance with Article 45 of the Rules of Procedure, requested
that the State submit certain evidence in order to facilitate adjudication of the case.
On February 15, 2007, the State submitted a portion of this evidence. On February
19, 2007, the Secretariat informed the State that it still awaited documents or
related information that was not sent on February 15. It should be noted that on the
date of the present Judgment these documents have not been received. On
February 26, 2007, the Commission, the common intervener, and the State
submitted their written closing arguments with respect to the preliminary objections
and possible merits, reparations and costs. The State and the common intervener
attached several exhibits to their briefs. On March 30, 2007, Sonia Rubio Padilla,
Astrid María Valencia, and Francisco Antonio Chicas submitted an amicus curiae
brief. On June 16, 2007, pursuant to Article 45 of the Rules of the Court and
following instructions from the President, the Secretariat requested that the State
submit proof of payment of the indemnity established in the “friendly settlement.”
On July 4, 2007, the State submitted this proof of payment. On September 20,
2007, the common intervener presented nine journalistic articles published on the
internet to be incorporated in the body of evidence of the case as supervening
evidence.
III
PROVISIONAL MEASURES
7
Order of the President of the Inter-American Court of December 14, 2006. On January 22, 2007
the Secretariat, following instructions of the President, requested that Mr. Benjamín Cuellar Martínez give
his sworn testimony before a notary public (affidavit).
8
At this hearing, the following individuals appeared on behalf of the parties: a) for the InterAmerican Commission: Freddy Gutiérrez Trejo, as delegate; Manuela Cuvi Rodríguez and Marisol
Blanchard as legal advisors; b) for the representatives: Matilde Guadalupe Hernández de Espinoza,
representative of IDHUCA; and Gisela De León, Viviana Krsticevic, and Soraya Long, representatives of
CEJIL; c) for the State: Oscar Alfredo Santamaría, agent; Milton Colindres Uceda, Ambassador and
alternate agent; and Ana Elizabeth Villalta Vizcarra, General Director of Legal Affairs and Human Rights for
the Ministry of Foreign Relations; Teresa del Carmen Blanco de Quijano; Jorge Cortéz; and Carlos Argueta,
legal advisors.
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