the annexes sent by Argentina together with its final written arguments. On the same date,
the Commission indicated that it had no observations in this regard. The representative, on
June 30, and the State, on July 1, 2021, presented their observations on the information
provided by the Commission pursuant to the request of June 17, 2021. On July 8, 2021, the
State and the representative presented their respective observations on what was reported
by both parties in response to the request of June 24 of the same year. Lastly, on July 20,
2021, the State indicated that it had no observations regarding the information provided by
the representative in response to the request of July 12, 2021. On July 27, 2021, the
representative and the Commission forwarded their observations in this regard (supra para.
12).
15. The Court deliberated on this Judgment in a virtual session on September 21 and 23,
2021. 15
III
JURISDICTION
16. The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the Convention,
because Argentina has been a State Party to the American Convention since September 5,
1984 and accepted the contentious jurisdiction of the Court on the same date. In addition, the
Argentine State deposited the respective instruments of ratification for the Inter-American
Convention to Prevent and Punish Torture on March 31, 1989, 16 and the Inter-American
Convention on Forced Disappearance of Persons on February 28, 1996. 17
IV
PRELIMINARY OBJECTIONS
17. In this case, the State raised four preliminary objections, as follows: (a) preliminary
objection of lack of jurisdiction ratione temporis; (b) preliminary objection of lack of
jurisdiction ratione materiae; (c) preliminary objection of failure to exhaust domestic remedies
for harm caused by the alleged violation of Articles 8 and 25 of the Convention, in connection
with the breach of the duties to provide reparations for human rights violations and adapt
domestic law; and (d) preliminary objection for violation of the right to defense and
international due process, to the detriment of the Argentine State.
A. Preliminary objection of lack of jurisdiction ratione temporis
A.1. Arguments of the parties and of the Commission
18. In its pleadings and motions brief, the State argued that the representative intends to
attribute international responsibility to it for facts that took place prior to the entry into force
for Argentina of the American Convention, the ICPPT, and the ICFDP. It added in the brief
submitting the case that the Commission also used ambiguous wording that does not
distinguish between the rights violations attributable to the State to the detriment of the Julien
Grisonas couple and the violations to the detriment of Anatole and Victoria. It requested that
the objection filed be granted and, consequently, that “all claims by the Commission and the
representative based on facts that took place prior to September 5, 1984, be dismissed.”
15
Due to the exceptional circumstances brought about by the COVID-19 pandemic, this Judgment was
deliberated and approved during the 144th regular session, which was held remotely, using technological means, as
provided for by the Rules of Procedure of the Court.
16
Pursuant to Article 22 of the ICPPT, “the Convention shall enter into force on the thirtieth day following the
date on which [the] State deposits its instrument of ratification or accession.”
17
Pursuant to Article XX of the ICFDP, “the Convention shall enter into force on the thirtieth day from the date
on which [the] State deposited its instrument of ratification or accession.”
8