I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case submitted to the Court. On December 3, 2011, under the provisions of Articles 51 and 61 of the American Convention and Article 35 of the Court’s Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court the case of Carlos and Pablo Carlos Mémoli v. the Argentine Republic (hereinafter “the State” or “Argentina”). The case refers to the alleged violation of the right to freedom of expression of Carlos and Pablo Carlos Mémoli, owing to the criminal conviction imposed on the [presumed] victims because they had publicly denounced the supposedly irregular sale of burial niches in the local cemetery by the executive officers of a mutual association of the town of San Andrés de Giles.” In addition, according to the Commission, the case involves “the violation of the [presumed] victims’ right to the guarantee of a reasonable time in the civil suit filed against them during which, for more than 15 years, attempts have been made to collect compensation established in the criminal proceeding. In [the said] proceeding, an embargo of the [presumed] victims’ property was ordered more than 14 years ago and, in practical terms, this has [presumably] had the effect of a punishment and an inhibition of freedom of expression, with consequences on the life project of Messrs. Mémoli.” 2. Proceedings before the Commission. The proceedings before the Commission were as follows: a) Petition. On February 12, 1998, the presumed victims, representing themselves, presented the initial petition. b) Admissibility Report. On July 23, 2008, the Commission approved Admissibility Report No. 39/08, 1 in which it concluded that it was competent to examine the complaints lodged by the petitioners concerning the presumed violations of “Articles 8 and 13 of the American Convention, in relation to the general obligations embodied in Articles 1(1) and 2” of this instrument. It also indicated that the petition was admissible because it met the requirements established in Articles 46 and 47 of the Convention. c) Merits Report. Pursuant to Article 50 of the Convention, on July 20, 2011, the Commission issued Merits Report No. 74/11 (hereinafter “the Merits Report”) 2 in which it reached a series of conclusions and made several recommendations to the State: Conclusions. The Commission concluded that the State was responsible for the violation of Articles 8(1) and 13, in relation to Articles 1(1) and 2 of the American Convention, to the detriment of Carlos and Pablo Mémoli. Recommendations. Consequently, recommendations to the State: the Commission made a series of 1 Cf. Admissibility Report No. 39/08, Petition 56-98, Carlos and Pablo Mémoli v. Argentina, July 23, 2008 (file of proceedings before the Commission, tome III, folios 778 to 790). 2 Cf. Merits Report No. 74/11, Case 12,653, Carlos and Pablo Carlos Mémoli v. Argentina, July 20, 2011 (merits file, tome I, folios 6 to 28). 4