no information on the result of this legal remedy following the said decision; moreover, the
case file does not reveal any decision in relation to the presumed victims requests concerning
the merits.
105. Finally, throughout the civil proceeding, different problems have arisen with regard to
the judges appointed to hear the case: some judges have recused themselves, while Messrs.
Mémoli have recused or denounced others for supposed irregularities. In particular, three first
instance judges recused themselves from the case owing to a situation of “moral violence.” 191
In addition, the presumed victims recused at least two judges and one registrar, and one of
the judges was recused twice. 192 In each case, the Appellate Chamber denied these
recusals. 193 On August 17, 2012, the presumed victims denounced the first instance judge in
charge of the case and the members of the Appellate Chamber for “malfeasance in office and
[presumed] unlawful association.” In addition, in the context of the procedure on
precautionary measures in September 2012, the presumed victims presented two new
recusals. 194 However, the Court’s case file does not contain the responses to these recusals
and allegations.
106. On March 12, 2008, following a complaint filed by the presumed victims, the Supreme
Court of Justice of Buenos Aires indicated that the judge responsible for the main court case
processed before the Fourth Court for Civil and Commercial Affairs had decided to recuse
herself from the case (supra para. 105) and, “subsequently, as a member of the First
Chamber for Civil and Commercial Matters, signed the decision contested by the
complainant,” and even though the “recusal prevented the said judge from intervening,” the
Chamber “endorsed the decision [following an appeal for reversal].” 195 The Supreme Court
considered that this situation “did not cause any prejudice to the processing of the case.”
Nevertheless, the judge recommended “that – hereafter – the pertinent evidence should be
monitored to ensure that actions such as this [were] not repeated.” 196 Moreover, with regard
to the judge of the First Court for Civil and Commercial Matters, the Supreme Court noted
that “there ha[d] been a delay in deciding the request to consider that the evidence stage had
expired, so that, even though the case file was away from the court on two occasions, a
considerable delay has been verified.” 197 Consequently, the Supreme Court decided to apply
191
Decision of June 11, 2001 (file of annexes to the answer, annex 1, folio 2077); decision of June 5, 2003 (file
of annexes to the answer, annex 1, folio 2173), and decision of March 23, 2006 (file of annexes to the answer, annex
1, folio 2602).
192
Cf. Decision of October 7, 2005 (file of annexes to the answer, annex 1, folio 2426); brief of July 27, 2006
(file of annexes to the answer, annex 1, folio 2544), and brief of March 6, 2012 (file of annexes to the pleadings and
motions brief, annex 2, folio 1715).
193
Cf. Decision of March 14, 2006 (file of annexes to the answer, annex 1, folio 2462); note of September 12,
2006 (file of annexes to the answer, annex 1, folio 2552), and decision of March 6, 2012 (file of annexes to the
pleadings and motions brief, annex 2, folios 1716 and 1717).
194
Cf. Briefs of September 2012 (merits file, annex G, folios 491 to 495).
195
Judgment of the Supreme Court of Justice of the province of Buenos Aires of March 12, 2008 (file of annexes
to the Merits Report, annex 25, folio 311).
196
Judgment of the Supreme Court of Justice of the province of Buenos Aires of March 12, 2008 (file of annexes
to the Merits Report, annex 25, folios 313 and 314).
197
Judgment of the Supreme Court of Justice of the province of Buenos Aires of March 12, 2008 (file of annexes
to the Merits Report, annex 25, folio 313).
43
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