Court requested that the parties, upon presenting their final written arguments,
provide specific additional information and documentation.
7.
On September 28, 2011, the State, the representatives, and the Inter-American
Commission submitted their respective final written arguments and observations.
Among their presentations, the Commission and the representatives provided, among
other things, documents requested by the Judges of the Court during the public
hearing, which were forwarded to the other parties in order for them to formulate any
observations deemed relevant. On October 26, 2011, the representatives forwarded
their observations of the annex sent by the Commission and the Commission informed
that it did not have any observations to make regarding the annexes presented by the
representatives.
8.
On the other hand, on September 9, 2011, the Court received an amicus curiae
brief of the Committee to Protect Journalists. 7
III
JURISDICTION
9.
The Inter-American Court has jurisdiction, pursuant to the terms of Article
62(3) of the American Convention on Human Rights, to hear the present case, given
that Argentina has been a State Party to the Convention since September 5, 1984, and
recognized the contentious jurisdiction of the Court on that same date.
IV
EVIDENCE
10.
Based on the provisions of Articles 50, 57, and 58 of the Rules of Procedure, as
well as on its jurisprudence relative to evidence and the examination thereof, the Court
will examine and weigh the documentary evidence submitted by the parties on various
occasions during the proceedings, as well as the statements of the victims and the
expert witness reports given via affidavit and during the public hearing before the
Court, along with the evidence requested by the Court. In doing so, the Court will
follow the rules of sound judgment within the applicable legal framework. 8
A. Documentary, testimonial, and expert evidence
11.
The Court received various documents presented as evidence by the InterAmerican Commission and the representatives, 9 as well as the testimony given before
notary public by the following expert witness:
7
The brief was received by the Secretariat of the Tribunal on September 9, 2011. It was drafted with
the legal advice of the firm Debevoise and Plimpton LLP and is signed by Jeremy Feigelson. Moreover, the
Tribunal received a letter the same day as amicus curiae of the organization Article 19. However, this
document was not presented in a working language of the Court for this case. The Spanish version was
received on November 22, 2011, that is, outside the statutory period. In accordance with Article 44 of the
Rules, that brief was not considered by the Court and transmitted to the parties.
8
Cf. Case of the “White Van” (Paniagua-Morales et al.) v. Guatemala. Merits. Judgment of March 8,
1998. Series C No. 37, para. 76, and Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and
Costs. Judgment of October 13, 2011. Series C No. 234, para. 16.
9
The State did not offer any documentary evidence nor evidence of another kind.
5