6
13.
On September 25, 2006, the Inter-American Commission9 requested that the
Court order provisional measures on behalf of Gloria Giralt de García Prieto, José
Mauricio García Prieto Hirlemann, María de los Ángeles García Prieto de Charur, José
Benjamín Cuéllar Martínez, Matilde Guadalupe Hernández de Espinoza, Paulino
Espinoza and José Roberto Burgos Viale, such that the State “adopt all measures
necessary to guarantee the life and personal integrity of the beneficiaries [...].” On
September 26, 2006, the Court ordered the State, inter alia, to immediately adopt
the measures necessary to protect the life and personal integrity of these individuals,
with the exception of Paulino Espinoza, husband of Matilde Guadalupe Hernández.
14.
On November 29, 2006, CEJIL and IDHUCA requested that the Court order
provisional measures on behalf of Ricardo Alberto Iglesias Herrera based on the
allegation that he "suffered an attempt on his life and personal integrity" and that he
had been offered by them as an expert witness in the present case. On December 3,
2006, the President ordered that the State adopt urgent measures on his behalf. On
January 27, 2006, the Court ordered the State, inter alia, to maintain the measures
necessary to protect the life and personal integrity of the beneficiaries of the
provisional measures indicated in the preceding paragraph, and to broaden the
measures to guarantee the life and personal integrity of Ricardo Alberto Iglesias
Herrera.
IV
EVIDENCE
15.
In accordance with Articles 44 and 45 of the Rules of Procedure, as well as
the Court’s jurisprudence regarding evidence and its assessment, the Court will now
proceed to examine and assess the documentary evidence offered by the
Commission, the common intervener, and the State at different times during the
proceedings, as well as evidence in order to facilitate adjudication of the case
requested by the President. The Court will also examine and assess the testimony of
witnesses and expert witness opinions rendered through affidavits and before the
Court during the public hearing convened for the present case. For this purpose, the
Tribunal will employ the rules of competent analysis, within the corresponding legal
framework.10
A)
WRITTEN, ORAL, AND EXPERT TESTIMONY
16.
Expert and lay testimony was rendered by affidavit by the following
individuals:
a)
José Mauricio García Prieto Hirlemann, presented by both the
Commission and the common intervener, is the father of Ramón Mauricio
9
The Inter-American Commission adopted cautionary measures on June 20, 1997, which were
reaffirmed on November 20, 2001.
10
Cf. Case of the “White Van” (Paniagua-Morales et al.) v. Guatemala. Merits. Judgment of March
8, 1998. Series C No. 37, para. 76; Case of Cantoral Huamaní and García Santa Cruz v. Perú. Merits,
Reparations and Costs. Judgment of July 4, 2007. Series C No. 167, para. 32; and Case of Zambrano
Véles et al. v. Colombia. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166,
para. 22.
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