with concern, that almost 25 years had elapsed between the initial petition to the Commission
and the submission of the case to the Court.
4.
Requests of the Inter-American Commission. – The Commission requested that the
Court declare the international responsibility of the State for the violation of Articles 3, 4(1),
5(1), 5(2), 7, 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof,
and of Article I(a) and (b) of the Inter-American Convention on Forced Disappearance of
Persons, to the detriment of César Gustavo Garzón Guzmán. With respect to the next of kin
of the alleged victim, the Commission requested that the Court declare the violation of Articles
5(1), 8(1) and 25(1) of the Convention, in relation to Article 1(1) thereof. In addition, the
Commission requested that the State be ordered to adopt measures of reparation.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representative. – The submission of the case was
notified to the State and to the representative of the alleged victims on September 10, 2019.
6.
Brief with pleadings, motions and evidence. – On November 12, 2019, the Ecumenical
Commission for Human Rights presented its brief with pleadings, motions and evidence
(hereinafter “brief with pleadings and motions”), as established in Articles 25 and 40 of the
Court’s Rules. The arguments in the brief coincided with those raised in the Commission’s
Merits Report and it also requested that a violation of Article 2 of the American Convention
be declared.
7.
Answering brief.2 – On February 10, 2020, the State presented its brief in response to
the Commission’s submission of the case and its observations on the brief of pleadings and
motions (hereinafter “answering brief”). In its brief, the State filed a preliminary objection
that referred to the retroactivity of the provisions of the Inter-American Convention on Forced
Disappearance of Persons.
8.
Observations to the preliminary objection. – On April 9, 2020, the Commission
submitted its observations to the preliminary objection filed by the State. The representative
made its observations in a brief submitted, extemporaneously, on June 16, 2020 in the Court’s
Secretariat.3
9.
Order of the public hearing. – On November 24, 2020, the President of the Court issued
an order convoking the parties and the Commission to a public hearing on the preliminary
objection and eventual merits, reparations and costs with the purpose of receiving the
statement of one of the alleged victims and two experts and to hear the final oral arguments
and observations of the parties and of the Commission.4
10. Public hearing. – The public hearing was held virtually January 27-28, 2021 during the
Court’s 139th Regular Session.5 The statements of one of the alleged victims and an expert
2
agents.
The State appointed María Fernanda Álvarez as its agent and Magda Aspirot and Byron Villagomez as deputy
Pursuant to its Decisions 1/20 of March 17, 2020 and 2/20 of April 16, 2020, the Court suspended the
computation of all of the deadlines due to the emergency caused by the COVID-19 pandemic. Thus, the deadline for
the presentation of observations to the preliminary objection in this case was extended to June 15, 2020.
3
Cf. Case of Garzón Guzmán v. Ecuador. Convocation to a public hearing. Order of the President of the Court
of November 24, 2020. Available at: http://www.corteidh.or.cr/docs/asuntos/garzon_guzman_24_11_20.pdf.
4
5
Appearing at the hearing were: a) for the Inter-American Commission: Antonia Urrejola García, then First
4