5
February 16, 2006, to submit their final written arguments concerning the merits and
possibly reparations and legal costs.
19.
On January 19, 2006, Mr. Andrew Paul Leake forwarded his expert report in
the form of an affidavit, in compliance with the Order of the President of December
21, 2005 (supra para. 18). The report was filed in English. On January 20, 2006, the
representatives submitted the Spanish translation of the expert opinion by Andrew
Paul Leake, which was rendered by affidavit by Tito Ulises Lahaye-Díaz on January
25, 2006.
20.
On January 18, 2006, the State submitted the affidavits by witness Oscar
Centurión and expert witness Augusto Fogel, attested by a notary public. Likewise,
on January 19, 2006, the representatives submitted the notarized expert opinions of
José Marcelo Brustein and Pablo Balmaceda-Rodríguez, and the notarized testimonies
of Carlos Marecos-Aponte, Leonardo González, Gladys Benítez, Mariana Ayala and
Elsa Ayala, in compliance with the President's Order of December 21, 2005 (supra
para. 18). Likewise, the representatives requested an extension of the term for
submittting Martín Sanneman’s testimony, and made comments on the affidavits by
Bernardo Jacquet and César Escobar-Catebecke, added to the body of evidence in
the instant case under the Order of the President of December 21, 2005 (supra.
para. 18). On January 20, 2006, the Inter-American Commission submitted a
communication, whereby it endorsed the affidavits of witnesses Carlos MarecosAponte, Leonardo González, Gladys Benítez, Mariana Ayala and Elsa Ayala, and
expert witnesses Pablo Balmaceda-Rodríguez and José Marcelo Brunstein, and
submitted its comments on the expert opinions by Bernardo Jackquet and César
Escobar-Catebecke.
21.
On January 20, 2006, following instructions given by the President and
considering the extraordinary nature of the case brought by the representatives, the
Secretariat granted a non-postponable delay ending on February 6, 2006 for
submitting Martín Sanneman’s affidavit (supra para. 18). Finally, on February 8,
2006, the representatives submitted Martín Sanneman’s affidavit.
22.
On January 20, 2006, following instructions given by the President, the
Secretariat required the State and the representatives, pursuant to Article 45(2) of
the Rules of Procedure, to submit, as evidence to facilitate adjudication of the case,
(a) birth and death certificates, autopsy records and any other relevant documents
that may show the causes of the alleged deaths of the members of the
Sawhoyamaxa Indigenous Community mentioned by the representatives of the
alleged victims, to wit: “[NN] Galarza, Rosana López, Eduardo Cáceres, Eulalio
Cáceres, Esteban González, NN González-Aponte, Wilfrido González, Teresio
González, NN Yegros, Antonio Alvarenga, Jenny Toledo, Guido Ruiz-Diaz, (NN)
González, Luis Torres-Chávez, Derlis Armando Torres, (NN) Torres, Lucía Aponte,
Marcos Chávez, Juan Ramón González, Pedro Fernández, Eusebio Ayala, Francisca
Britez [and] Diego Andrés Ayala”, and (b) the medical histories, certificates of
medical care, or any other document evidencing whether the above-mentioned
individuals received any kind of medical care in any field of specialization, at any
hospital, clinic, health care center or any health care facility, within six months prior
to the alleged deaths. Likewise, following instructions given by the President, the
Secretariat required the State to submit, as evidence to facilitate adjudication of the
case, a detailed report on the alleged medical and food assistance given by any
governmental entity to the members of the Sawhoyamaxa Indigenous Community
from the effective date of Executive Order No. 3,789 of June 23, 1999 to date.