INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF BAYARRI V. ARGENTINA
JUDGMENT OF OCTOBER 30, 2008
(PRELIMINARY OBJECTION, MERITS, REPARATIONS AND COSTS)
In the case of Bayarri,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the
Court”), composed of the following judges:*
Cecilia Medina Quiroga, President
Diego García-Sayán, Vice President
Sergio García Ramírez, Judge
Manuel E. Ventura Robles, Judge
Margarette May Macaulay, Judge, and
Rhadys Abreu Blondet, Judge;
also present,
Pablo Saavedra Alessandri, Secretary,**
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31, 37(6), 56
and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”),
delivers the following judgment.
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On July 16, 2007, in accordance with the provisions of Articles 51 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) submitted to the Court an application
against the Argentine Republic (hereinafter “the State” or “Argentina”), originating from the
petition presented by Juan Carlos Bayarri on April 5, 1994. On January 19, 2001, the
Commission approved Report No. 02/01, in which it declared Mr. Bayarri’s petition
*
On September 11, 2007, Judge Leonardo A. Franco, a national of Argentina, advised the Court that there
was an impediment to his hearing the instant case. The same day, this recusal was accepted by the President, in
consultation with the Judges of the Court. Consequently, on September 17, 2007, the State was advised that,
within 30 days, it could appoint a judge ad hoc to sit as a member of the Court for this case. At the expiry of this
period, the State had not made the appointment.
**
The Deputy Secretary, Emilia Segares Rodríguez, advised the Court that, for reasons beyond her control,
she would be unable to attend the deliberation of this judgment.