rulings, has established the responsibility of the Colombian Air Force in the commission of the
Santo Domingo Massacre.”
13.
President considers that, although it was raised in a timely manner and in accordance
with Article 47 of the Rules of Procedure, the objection to the proposed witness does not
detract from the allegation that there was a relation to the facts alleged in this case, which
implies that his statement would effectively be testimonial in nature. The assessment of the
representatives, in that the testimony might favor a particular hypothesis or a "case theory” by
the party offering the evidence, does not affect its admissibility and possible assessment by
the Court. Thus, the witness will be heard by the Court, pursuant to the purpose and manner
defined in the operative paragraphs of the decision.
c) Objections of the State to the testimony offered by the representatives
14.
The representatives offered the statement of Mr. Marcos Neite González, whom they
identified as “an inhabitant of the community and family member of various deceased victims
of the events of December 13, 1998,” to render a statement on the facts and the personal,
family, and patrimonial impacts of the events; the consequences of the lack of justice and
reparation, and the measures that the State should adopt for the reparation of the violations of
human rights.
15.
The State expressed that, pursuant to the brief containing pleadings and motions, Mr.
Neite González resided in Venezuela and the day of the events was visiting the home of Mrs.
Carmen Edilia González Ravelo. The State objected to this testimony, as it deemed that the
representatives seek to have his testimony considered as that of an inhabitant of the
community, though he is not.
16.
The President considers that which was raised by the State, in regard to how Mr. Neite
González is not a witness to the facts, a hypothesis that could affect the evidentiary value or
weight of the proposed testimony but not its admissibility and possible assessment in the
litigation. Therefore, the witness will be heard before the Court, pursuant to the purpose and
manner defined in the operative part of the decision.
d) Request to replace an expert witness offered by the representatives
17.
In its final list, the representatives requested the substitution of the expert witness Mr.
Mario Madrid Malo, offered in a timely fashion, for that of Mrs. Elizabeth Salmón. They argued
force majeur and presented a simple note from Mr. Madrid Malo wherein he only states “that
his current health condition prevents him from being an expert witness” in this case. The
representatives considered “the carrying out of this expert opinion of transcendental
importance, given the serious effect on the human rights of children.” The State did not
present any observations in this regard.
18.
In regard to the request to replace one of the declarants, Article 49 of the Rules of
Procedure establishes that “exceptionally,” “upon receiving a well-founded request” and “after
hearing the opinion of the opposing party,” the Court may accept the replacement of a
declarant, “as long as his or her replacement is identified,” and always respecting the object of
the statement, testimony, or expert opinion originally offered.”
19.
The President deems that in this case, the impossibility of summoning Mr. Madrid Malo,
as noted by the representatives as the basis for their request, has been proven with the note
provided by Mr. Madrid Malo. After having heard the opinion of the opposing party, which did
not present observations; given that the representatives have individualized the replacement
person and that the purpose of the statement that was originally offered was respected, the
President admits the replacement proposed by the representatives pursuant to Article 49 of
6