ensuring the parties the right to defend their respective positions as well as the ability to
adequately address cases subject to the consideration of the Court, considering that the
number of cases has grown considerably and is steadily increasing. It is also necessary to
ensure a reasonable time in the duration of the process, as required by the effective access to
justice. Due to the foregoing, it is requested that the largest possible number of testimony and
expert reports be rendered before a notary public, and that the alleged victims, witnesses, and
expert witnesses be heard at the public hearing whose direct statement is truly indispensable,
taking into consideration the circumstances of the case and the purpose of the statements and
opinions.
f.1)
Statements and expert reports to be rendered before a notary public [affidavit]
31.
Taking into account the provisions of Article 50(1) of the Rules of Procedure, that
indicated by the representatives in their final list of declarants, the purpose of the statements
offered, and the principle of judicial economy, the President deems it appropriate to receive,
by way of statements before a notary public, the statements mentioned in operative paragraph
one of this decision.
32.
The President recalls that Article 50(5) of the Rules of Procedure of the Court
establishes the possibility that the alleged victims or their representatives and the State
provide a list of questions to be made to each of the persons summoned to render a statement
before a notary public. Pursuant to the provisions of the mentioned regulation, an opportunity
is granted for the representatives and the State to present, if they so desire, the questions
they deem appropriate to the declarants and expert witnesses referred to in the mentioned
operative paragraph. Upon rendering the statement before a notary public, the witnesses and
expert witnesses must answer these questions, unless the President decides otherwise. The
foregoing statements and expert opinions will be forwarded to the Commission, the State, and
the representatives. In turn, the State and the representatives may submit any observations
they deem pertinent within the period specified. The corresponding deadlines will be specified
infra, in operative paragraph two, three, and four of this Order. The probative value of such
statements and expert opinions will be determined at the opportune time by the Court, which
will take into account all perspectives, if any, expressed by the State and representatives in
exercise of their right to defense.
f.2)
Statements and expert reports to be rendered at the hearing
33.
The orders in this case are ready for the initiation of the oral proceedings on the merits,
and possible reparations and costs, to which the President considers it appropriate to convene
a public hearing to hear the statements of the alleged victims, witness and expert witness,
proposed by the representatives, the Commission, and the State and referred to in operative
paragraph five of this decision.
h) Final oral and written arguments and observations
34.
The representatives and the State may present the Court with their final oral
arguments on the merits and possible reparations and costs in this case, respectively,
subsequent to the rendering of the statements and expert opinions. As established in Article
51(8) of the Rules of Procedure, upon concluding the presentation of the Inter-American
Commission’s arguments, they may present their final oral observations.
35.
Pursuant to Article 56 of the Rules of Procedure, the alleged victims or their
representatives, the State, and the Commission may present their final written arguments and
final written observations, respectively, in relation to the merits and possible reparations and
costs, in the period established in operative paragraph 13 of this Order.
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