American Court.3
3.
Requests of the Inter-American Commission. The Commission asked the Court to find and
declare the international responsibility of the state for the violations contained in the Report on
the Merits and to order Argentina, as measures of reparation, to implement the recommendations
included therein (supra para. 2.c).
II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the representative and the state. The representatives of the alleged victims
(hereinafter “the representatives”) were notified by the Court of the submission of the case by the
Commission on April 5, 2018, and the state was notified on April 16, 2018.4
5.
Brief with pleadings, motions and evidence. On June 12, 2018, the representatives submitted
their brief of requests, arguments and evidence (hereinafter “pleadings and motions brief”) to the
Court. The representatives forwarded and endorsed the Commission’s description of the facts.
Likewise, they endorsed the Commission's arguments regarding the preliminary objection and the
merits of the matter. Lastly, the representatives asked the Court to order the state to adopt
different measures of reparation and to reimburse costs and expenses.
6.
Answering brief. On August 15, 2018, the state5 submitted to the Court its answering brief
(hereinafter the “answering brief”) to the submissions of the Report on the Merits of the
Commission and the pleadings and motions brief. The state filed a preliminary objection. The
parties and the Commission were notified of the brief on September 12, 2018.
7.
Observations on the preliminary objection. On October 12, 2018, the Commission and the
representatives of the alleged victims presented their observations on the preliminary objection
filed by the state.
8.
Public hearing. By order of the President of March 20, 2019,6 the parties and the InterAmerican Commission were summoned to a public hearing to give their final oral observations on
the preliminary objection, on the merits, and on the eventual reparations and costs. The hearing
was also intended to receive the testimony of Mr. Gorigoitía. The public hearing was held on May
8, 2019, during the 60th Extraordinary Period of Sessions of the Court, held in Montevideo,
Uruguay.7
9.
Amicus curiae. The Court received five amicus curiae briefs presented by: (i) the Fundación
As its delegates before the Court, the Commission chose Registrar Paulo Abrão and Commissioner Luis Ernesto
Vargas Silva.
4
The difference in dates is because the documents were sent via courier.
5
In a communication dated May 17, 2018, the state appointed Mr. Alberto Javier Salgado, Director of International
Litigation on Human Rights Matters of the Ministry of Foreign Affairs and Religion, as agent, and Mr. Ramiro Cristóbal
Badia, Director of the National Office of International Affairs on Matters of Human Rights of the Secretariat of Human
Rights and Cultural Pluralism of the Nation, as an alternate agent.
6
Cf. Case of Gorigoitia v. Argentina. Call to hearing. Order of the President of the Inter-American Court of Human
Rights of March 20, 2019. Available at:
http://www.corteidh.or.cr/docs/asuntos/gorigoitia_20_03_19.pdf
7
The following appeared at this hearing: (a) for the Inter-American Commission: advisor Erick Acuña Pereda; (b)
for the representatives of the alleged victim: Carlos Varela Álvarez, Alejandro Acosta, and Pablo Donnangelo; and (c) for
the State of Argentina: Ramiro Cristóbal Badía, National Director for International Legal Affairs in the Matter of Human
Rights of the Secretariat of Human Rights and Cultural Pluralism of the Nation; Gonzalo Bueno, Legal Advisor of the Office
of International Litigation in Human Rights Matters of the Ministry of Foreign Affairs and Religion; Alfredo Vitolo, Legal
Advisor of the Secretariat of Human Rights and Cultural Pluralism of the Nation of the Ministry of Justice and Human Rights
of the Nation; Octavio Sillitti, Legal Advisor of the Secretariat of Human Rights and Cultural Pluralism of the Nation of the
Ministry of Justice and Human Rights of the Nation; Gianni Venier, Minister of Security of the Province of Mendoza, and
Adriana Bertolatti, Legal Advisor of the Ministry of Security of the Province of Mendoza.
3
4