they asked that the court decide the case promptly. 294 Also, on at least three occasions, the
plaintiffs reactivated the case following a period of inactivity295 and, in July 2007, the
complainants indicated that “the period for producing evidence had been greatly
exceeded.” 296 In addition, both parties desisted from evidence, which, in principle, should
have contributed to expediting the proceeding. 297
176. The Court recalls that it is the State, through its judicial authorities, that should lead
the proceeding. In this regard, according to the legislation on civil procedure applicable to this
case, the judge had the obligation to direct the proceeding, maintaining equality between the
parties to the proceeding, ensuring the greatest procedural economy in the processing of the
case, 298 and avoiding a standstill in the proceeding. 299 However, the Court notes that there
have been several periods of inactivity in the civil proceeding that can be attributed entirely to
the judicial authorities. 300 Furthermore, there has been a lack of diligence on the part of the
16, 2010 (file of annexes to the pleadings and motions brief, annex 2, folio 1651); decision of August 4, 2010 (file
of annexes to the pleadings and motions brief, annex 2, folio 1652), and brief of May 29, 2012 (merits file, annex
G, folio 443).
294
Cf. Brief of February 1, 2005 (file of annexes to the answer, annex 1, folio 2243); brief of August 22, 2008
(file of annexes to the answer, annex 1, folio 2636), and brief of March 9, 2006 (file of annexes to the answer,
annex 1, folio 2461).
295
Cf. Brief of June 16, 2000 (file of annexes to the answer, annex 1, folio 1982); brief of May 19, 2010 (file
of annexes to the pleadings and motions brief, annex 2, folio 1642), and brief of May 29, 2012 (merits file, annex
G, folio 443).
296
Brief of July 9, 2007 (file of annexes to the answer, annex 1, folio 2611).
297
See, for example: brief of November 6, 2009 (file of annexes to the answer, annex 1, folio 2685), and
undated brief desisting from evidence (file of annexes to the answer, annex 1, folio 2662).
298
Article 34(5) of the Code of Civil and Commercial Procedure of the province of Buenos Aires establishes
that the judge must: “[d]irect the proceeding, and must, within the limits expressly established in this Code: (a)
merge, insofar as possible, into a single act or hearing all the measures that need to be taken; (b) indicate, before
processing any petition, its defects or omissions, ordering that they be rectified within the time frame that he
establishes, and order, ex officio, any measure necessary to avoid nullities; (c) maintain equality between the
parties to the proceeding; (d) prevent and sanction any act contrary to the obligations of loyalty, probity and good
faith; (e) ensure that the greatest possible procedural economy is observed when processing the case. Decree Law
7425/69, Code of Civil and Commercial Procedure of the province of Buenos Aires, art. 34(5) (annexes to the
representatives’
final
written
arguments,
folio
2889,
available
at
http://www.gob.gba.gov.ar/legislacion/legislacion/l-7425.html).
299
Article 36 of the Code of Civil and Commercial Procedure of the province of Buenos Aires regulates the
judge’s powers to issue orders and instructions, establishing that: “[e]ven in the absence of a request from one of
the parties, the judges and courts may: (1) take measures to avoid a standstill in the proceedings. To this end,
once a time frame has expired, whether or not the corresponding right has been exercised, the following
procedural stage shall be undertaken, ordering ex officio the necessary measures.” Decree Law 7425/69, Code of
Civil and Commercial Procedure of the province of Buenos Aires, art. 36 (annexes to the representatives’ final
written arguments, folio 2889, available at http://www.gob.gba.gov.ar/legislacion/legislacion/l-7425.html).
300
See, for example: (i) on October 19, 1998, the case file was forwarded to the criminal court, in response
to that court’s request regarding the processing and status of the civil proceeding, and it was not until four months
and fourteen days later that it was returned. The Court stresses that the criminal judge himself explained that the
delay was due to the fact that he had not “noticed that the civil case file had been received”; (ii) between June
1999 and April 2000 there was another period of inactivity of 10 months, due to a request for a declaration of
nullity and an appeal for reconsideration of the judgment with subsidiary appeal; (iii) on March 19, 2002, an order
was issued to refer the case file to the Appellate Chamber so that the latter could decide an appeal, which was only
declared to have been granted erroneously one year later, and the Chamber took one more month to return the
case file to the first instance court, and it was not until June 5, 2003, that the judge took up the proceeding again;
(iv) in October 2004, the Appellate Chamber requested the case file in order to decide a matter related to the
interlocutory proceeding on execution of fees; this request was not included in the case file until two months and
nine days later, when its whereabouts were located. On February 1, 2005, the presumed victims asked that the
requested case file be delivered to the Appellate Chamber. The evidence provided to the Court does not show the
date on which the file was sent to the Appellate Chamber. The Appellate Chamber only returned the case file to the
first instance court on July 27, 2005, and (v) from October 23, 2008, to August 5, 2009, there was a period of
66
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