7
20.
The fact that the Inter-American Commission continued evaluating the merits of the
case and decided to submit the case to the Court, based on “criteria that did not take into
consideration any of the measures taken in the domestic jurisdiction,” as the State alleges,
cannot be a valid argument to prevent the Court from hearing this case. In this regard, it
must be repeated that since the American Convention gives the Court full jurisdiction over
all matters relating to a case submitted to its consideration, including those of a procedural
nature on which the possibility of its exercising its jurisdiction are based, the Court has
interpreted this to mean that the grounds for lodging a case before the Court cannot be the
subject of a preliminary objection. The Commission is authorized to decide whether to
submit a case to the jurisdiction of the Inter-American Court, based on what this organ
considers to be the most favorable alternative for the protection of the rights established in
the Convention.13
21.
Based on the above, the Court rejects the State’s argument concerning the
“substantial change in the purpose of the application” and the failure to exhaust domestic
remedies and will assess the facts on which these assumptions is based when it examines
the merits of this case and reparations.
*
*
*
22.
Finally, the State alleged that the Commission had failed to comply with the time
frame established in Article 23(2) of its Statute for the adoption of a decision on the merits
of the matter. In the State’s opinion, this constituted an “evident procedural flaw” and, “as a
result, the Commission [failed to consider] the substantial changes that had occurred in the
case.” However, it indicated that this allegation “is not made by the State as an autonomous
preliminary objection” and “is linked inseparably to the preliminary objection already filed.”
Since this allegation is linked to “the preliminary objection,” now that the latter has been
rejected (supra para. 21), the Court does not find it necessary to rule on it.
IV
JURISDICTION
23.
The Inter-American Court is competent to hear the instant case, pursuant to Article
62(3) of the Convention, because Argentina has been a State Party to the American
Convention since September 5, 1984, and accepted the Court’s compulsory jurisdiction on
the same date. On March 31, 1989, Argentina ratified the Inter-American Convention to
Prevent and Punish Torture (hereinafter “ICPPT”).
V
PRIOR CONSIDERATIONS
Dispute regarding the facts that are the subject of the instant case
24.
Before analyzing the merits of the case, the Court will examine the implications of
the State’s declarations to determine whether the dispute on the facts subsists, in
accordance with its case law and the norms that regulate the proceedings.
13
Cf. Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50
and 51 American Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993. Series A No. 13,
para. 54; 19 Tradesmen v. Colombia. Preliminary objection. Judgment of June 12, 2002. Series C No. 93, para. 30;
and Saramaka People v. Suriname. Preliminary objections, merits, reparations and costs. Judgment of November
28, 2007. Series C No. 172, para. 39.