3
Inter-American Court on September 5, 1984, these situations have continued subsequent to that
acceptance. Accordingly, the Inter-American Court has jurisdiction to rule on the human rights
violations for which the State of Argentina is responsible since the acceptance of the contentious
jurisdiction of the Court, i.e., the violation of the right to personal liberty of the victims by
maintaining them in a situation of preventive detention that exceeded the limits of reasonableness
and the right to be trial within a reasonable time period.
The Commission submits to the Inter-American Court all the facts and violations of Human
Rights committed by the Argentinian State and that continued after its acceptance of the Court’s
contentious jurisdiction on September 5, 1984. The State violated the right of the personal freedom
of the victims on having maintained them in preventive detention for an excessive period, and the
violation of the right to be judged by the due guarantees in a reasonable term. The Commission
request that the Inter-American Court declare that the State of Argentina is responsible for:
the violation of the right of the personal freedom (Article 7 of the American
Convention), and the right to a fair trial (article 8) in in relation to Article 1.1 of the
same treaty, to the prejudice of al the 21 victims in this case.
Taking into account the aforementioned, the Commission requests the Inter-American
Court to take the following reparations measures:
1. To grant integral repairs, especially suitable compensation, to 21 victims of the case.
In addition, the Commission notes that this case raises issues of inter-American public
interest related to the right to a fair trial in proceedings under military jurisdiction, regarding military
officers on active duty being tried for offenses in the course of duty. In this respect, the system’s
jurisprudence has in the past developed standards and case law regarding both the treatment of
civilians in military courts, and proceedings before military courts against military officers accused
of human rights violations. However, since it has a factual basis different from those already
examined by the inter-American system, this case would allow the Court to establish standards for
due process and for the protection of the right to personal liberty in this specific context..
Since these matters affect in a significant manner the inter-American public order of human
rights, pursuant to Article 35.1.f of the Rules of Procedure of the Inter-American Court, the
Commission wishes to offer declarations by the following expert
David Lovatón, who will refer to international standards regarding guarantees of due
process and limitations of the right to personal liberty under military jurisdiction involving members
of the military in active service who are accused of committing offenses in the course of duty.
Finally, the petitioners expressed the victims’ interest in the submission of the present case
to the Inter-American Court and informed that the following shall be representatives of the victims:
Alberto De Vita, Mauricio Cueto
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX