HAVING SEEN:

1.         The application of the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) presented on January 15, 1999, in which it submitted the witnesses and expert witnesses that it would present in the merits phase of the Olmedo Bustos et al. case.

2.         The reply to the application presented by the State of Chile (hereinafter “the State” or “Chile”) on September 2, 1999, in which it submitted the expert witnesses that it would present in the merits phase of the case.

3.         The brief of October 12, 1999, in which the Inter-American Commission sets forth its observations on the reply to the application.  In this brief, the Commission requested the Inter-American Court of Human Rights (hereinafter “the Court”) to “reject [the reply] and abstain from considering [it] when examining the instant case.”

4.         The brief of October 25, 1999, in which the Inter-American Commission indicated the exact number and names of the witnesses and expert witnesses that it would present during the public hearing on the merits of the case and requested that the expert witness, Lucas Sierra Iribarren, be substituted by the expert witness, Juan Agustín Figueroa Yávar.

5.         The note of October 26, 1999, in which the Secretariat of the Court requested the State to present its observations on the Commission’s request to substitute the expert witness, Lucas Sierra Iribarren, for the expert witness, Juan Agustín Figueroa Yávar.

6.         The order of the President of the Court of October 26, 1999, summoning the representatives of the State of Chile and the Commission and also the witnesses and expert witnesses designated by the Commission to a public hearing on the merits of the Olmedo Bustos et al. case to be held at the seat of the Court at 10 a.m. on November 18, 1999.

7.         The order of the President of the Court of November 6, 1999, summoning Juan Agustín Figueroa Yávar to give expert testimony in substitution of the expert witness, Lucas Sierra Iribarren.

8.         The brief of November 8, 1999, in which the State requested “the appearance of the prestigious Chilean jurists, José Luis Cea Egaña and Francisco Cumplido as expert witnesses in the [public hearing on the merits of the Olmedo Bustos et al. case]”.

CONSIDERING:

1.         That the proceedings in this case are ready to begin the phase of oral hearings.

2.         That Article 37.1 of the Rules of Procedure of the Court states that “[t]he respondent shall answer the application in writing within four months of the notification…”.

3.         That, in this case, the application was notified to the State on January 27, 1999, and the reply to the application was received by the Secretariat of the Court on September 2, 1999, more than three months after the period established in the Rules of Procedure of the Court had expired.

4.         That Chile did not request an extension to present its reply to the application and that the time that has elapsed cannot be considered reasonable or in accordance with the principle of a prompt recourse; moreover, the importance of juridical guarantees requires that regulatory terms must be observed.

5.         That Article 44. 1 of the Rules of Procedure of the Court states that the Court may “[o]btain, on its own motion, any evidence it considers helpful.  In particular, it may hear as a witness, expert witness, or in any other capacity, any person whose evidence, statement or opinion it deems to be relevant.” 

6.         That this Court considers that it would be helpful to hear the expert testimonies of José Luis Cea Egaña and Francisco Cumplido, who are able to report on issues that are not included in the subject matter of the testimonies and expert reports offered by the Commission and ordered by the Court.

THEREFORE:

THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

In accordance with Article 25.2 of the Statute of the Court and Articles 24, 29.2, 38, 43, 44, 45, 46, 48, 49 and 51 of its Rules of Procedure,

DECIDES:

1.         To ratify the orders of the President of the Inter-American Court of Human Rights of October 26, 1999, and November 6, 1999.

2.         To reject the State of Chile’s reply to the application, as it was presented after the statutory time limit had expired.

3.         To summon José Luis Cea Egaña to appear before the Inter-American Court of Human Rights, at 9 a.m. on November 18, 1999, in order to give expert testimony on the constitutional aspects of the Supreme Court of Chile’s decision and on the Government of Chile’s proposed solution to the dispute.

4.         To summon Francisco Cumplido to appear before the Inter-American Court of Human Rights, at 9 a.m. on November 18, 1999, in order to give expert testimony on the possibilities of the State of Chile to comply with the object of the application

5.         To request the State of Chile to facilitate the departure from and entry into its territory of Jose Luis Cea Egaña and Francisco Cumplido, who have been summoned by the Inter-American Court of Human Rights to give expert testimonies on the merits of the instant case.

Done in Spanish and English, the Spanish text being authentic, at San Jose, Costa Rica, this ninth day of November 1999.