Court, the President decided that it was not necessary to convene a public hearing,
considering the circumstances of the case and in the absence of a factual dispute. The
decision was communicated in an Order of the President of October 20, 2020.8 In that
order, the President also required the statements of an ex officio declarant and an
expert witness offered by the Commission to be rendered by affidavit.
11.
Final arguments and observations. On January 4, 2021, the parties submitted
their final written arguments; the representative included several annexes, and the
Inter-American Commission presented its final written observations. On January 14,
2021, the State submitted its observations on the documents annexed to the written
arguments of the representative. On January 13, 2021, the Commission informed the
Court that it had no observations to make.
12.
Helpful evidence. On March 5, 2021, the President of the Court asked the State
to submit certain documentation as helpful evidence. The State submitted these
documents on March 12, 2021. On March 22, 2021, the representative presented his
observations to the documentation submitted as helpful evidence. On the same day
the Commission indicated that it had no observations.
13.
Deliberation of this case. The Court deliberated this judgment in a virtual session
held on May 24, 25, and June 3, 2021.9
III
JURISDICTION
14.
The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the
Convention, given that Ecuador has been a State Party to this instrument since
December 28, 1977, and accepted the Court’s contentious jurisdiction on July 24, 1984.
IV
PRELIMINARY OBJECTION
15.
The State argued that the Court lacked jurisdiction to hear this case owing to
the alleged use of the inter-American human rights system as a fourth instance in
relation to the military criminal proceedings.
A. Arguments of the parties and of the Commission
16.
The State argued that, in the specific case of Mr. Grijalva Bueno, it is evident
that his intention was to use first the Inter-American Commission and now the Court as
a higher a court with respect to the conviction handed down in a criminal trial by a
domestic judicial authority. It held that from the initial petition and throughout the
procedure before the Commission, both in the admissibility stage and in the merits
Cf. Case of Grijalva Bueno v. Ecuador. Order of the President of the Court of October 20, 2020.
Available at: http://www.corteidh.or.cr/docs/asuntos/grijalva_bueno.pdf.
9
Owing to the exceptional circumstances caused by the COVID-19 pandemic, this judgment was
deliberated and adopted during the Court’s 142nd Regular Session, which was held virtually using technological
resources, as established in the Court’s Rules of Procedure.
8
5