by the Commission diligently forwarding the petition to the State, because until this transfer
has been effected, the State is unaware that certain acts or omissions which occurred within
the said State have been questioned before an international organ.” Regarding point (b),
namely the right of defense, the State emphasized that the diligent and timely forwarding of
the petition “permits not only the design of a defensive strategy in an adequate temporal
context, but even the possibility of adopting early measures to find a friendly settlement to
the matter.” Regarding point (c), the State indicated that “the Commission’s prolonged and
undisputable silence […] gave the State the legitimate expectation that, after a certain time
had passed, those acts that could be attributed to its organs that had not been contested in
the international sphere, [would] no longer be subject to review by this instance, and their
legal consequences would be consolidated.”
22.
The State also indicated that, “at the first available procedural opportunity, [it had]
filed a preliminary objection for a special ruling” on this point. Nevertheless, the State
underscored that “the Commission did not even consider [this preliminary objection] in either
its Admissibility Report or its Merits Report.” In general, the State indicated that the
Commission had not explained why it had taken four years just to carry out the formal
examination of the complaint during the initial review of the petition. In this regard, it also
stressed that an alleged lack of sufficient resources cannot be argued as an excuse for failing
to comply with a reasonable time.
23.
The representatives indicated that they had lodged their petition before the
Commission “before the first 30 days of the time frame [of six months established in Article
46 of the Convention] had elapsed.” They underlined that the said article “refers to the
petitioner” and “in no way refers to the time frame accorded to the [Commission] to forward
the complaint to the State.” In their final written arguments, they argued that the State “is
seeking to convert [them] into victims of [the Commission,] renouncing its direct
responsibilities as a State [in] this case.” They also emphasized that the State “alleges that it
has suffered supposed harm owing to the [Commission’s] delay, but does so in the abstract.”
They indicated that the Court “should weigh the hypothetical prejudice” suffered by Argentina
against “the real prejudice suffered by two individuals at the hands of the State.”
24. The Commission underlined that the State “has not explained the specific harm caused
to its right of defense.” In addition, it observed that “[t]he analogous application of Article
46(1)( b) of the American Convention to the ‘opening of proceedings’ has no basis in the said
instrument [… because t[his time frame bears no relationship to the time frames for the
processing of the said petitions by the Inter-American Commission.” The Commission
explained that “at the stage of the initial review […] different scenarios may arise that can
delay the preliminary examination of a complaint.” It argued that this “situation is perfectly
compatible with the principle of accessibility that governs the system of individual petitions,
which is established in Article 44 of the American Convention, and which does not require
legal assistance to file a petition.” It added that “the realities inherent in the Commission’s
work and the procedural delays that it faces contribute to these delays.” In this regard, it
indicated that “the Commission is currently making an immense effort – an enormous effort –
to overcome these procedural delays, to obtain resources, […] and to ensure that time frames
are reduced.” In addition, the Commission clarified that “it had not ruled on this argument in
its Admissibility Report, precisely because it was not related to any of the admissibility
requirements […] or to any of the elements that define the Commission’s competence.”
A.2) Considerations of the Court
25.
This Court has maintained that the Inter-American Commission has autonomy and
independence to exercise its mandate as established by the American Convention and,
11