4
14.
On February 20, 2002, the representatives of the alleged victim submitted the
brief with requests, arguments and evidence together with seven attachments
containing seven documents.2 In this brief, they requested the Court to declare that
the State had violated Articles 1(1), 5, 7, 13, 8 and 25 of the American Convention,
in accordance with the application submitted by the Commission, and also Article 11
of this Convention, because the alleged victim had been subjected to “arbitrary and
abusive interference in her private life, in that of her family and in her
correspondence […].” They also requested the Court to declare that the State had
violated Articles 1, 6 and 8 of the Inter-American Convention against Torture. They
requested the corresponding reparations and the payment of costs and expenses.
Lastly, in this brief, they advised that Maritza Urrutia had appointed Fernando Arturo
López Antillón, in his capacity as CALDH legal adviser, as “lawyer-intervenor” before
the Court.
15.
On March 18, 2002, the Inter-American Commission presented a brief with
comments on the brief with requests, arguments and evidence of the representatives
of the alleged victim, in which it noted the contents and reiterated the request that
the Court declare that the State was responsible for violating Articles 7, 5, 13, 8 and
25 of the American Convention together with Article 1(1) thereof.
16.
On March 21, 2002, the State presented a brief answering the application, in
which it forwarded the declaration of the President of Guatemala of August 9, 2000,
which referred to the acknowledgement of the “institutional responsibility of the
State” (supra para. 6). The State also requested that an alternative friendly
settlement mechanism be established and, if this was not possible, that the Court
deliver the respective judgment without the need for hearings or any other type of
formality; lastly, it made some observations on the reparations requested.
17.
On November 8, 2002, the Secretariat, on the instructions of the President,
requested the Commission and the representatives of the alleged victim to submit
their final list of witnesses and expert witnesses for the public hearing to the InterAmerican Court before November 21, 2002.
18.
On November 20, 2002, the representatives of the alleged victim presented
the final list of witnesses and the expert witness for the public hearing. Also, on
December 3, 2002, the Inter-American Commission forwarded its final list of
witnesses and one expert witness.
19.
On November 30, 2002, the President issued an order in which he convened
the parties to a public hearing to be held at the seat of the Court commencing on
February 21, 2003, to receive their oral arguments on merits and possible
reparations, and also the statements of the witnesses and the report of the expert
witness proposed by the Commission and by the representatives of the alleged
victim.
20.
On February 20 and 21, 2003, the Court received the statements of the
witnesses and the report of the expert witness and hear the final oral arguments of
the parties.
There appeared before the Court:
2
Cf. Attachments 1 to 7 of the brief of February 20, 2002, on requests, arguments and evidence
of the representatives of the alleged victim (folios 92 to 101 of Tome I of the file on merits and possible
reparations).