6
the terms of article 25(2) of its Rules of Procedure. The alleged victims are represented by
three common interveners, to wit: (1) Alberto De Vita and Mauricio Cueto represent five
alleged victims;5 (2) Juan Carlos Vega and Christian Sommer represent four alleged victims, 6
and (3) Clara Leite and Gustavo Vitale, in their capacity as Inter-American Defenders,
represent 11 alleged victims.7
5.
Notification to the State and to the representatives of the alleged victims. - The State
and the representatives were notified on December 11, 2012 that the Commission had
submitted the case.
6.
Brief with pleadings, motions and evidence. – Because three common interveners are
participating in the instant case, the Court received the several briefs of pleadings, motions
and evidence (hereinafter “pleadings and motions brief”) separately: (a) on February 1, 2013,
from representatives Alberto De Vita and Mauricio Cueto; on February 6, 2013, from
representatives Vega and Sommer, and on February 16, 2013, from the Inter-American
Defenders. The alleged victims represented by the Inter-American Defenders also appealed
to the Victims Legal Assistance Fund (hereinafter “Assistance Fund”) of the Inter-American
Court.
7.
Assistance Fund. – The president of the Court, in an Order on June 12, 2013, stated
that the petition lodged by the group of alleged victims represented by the Inter-American
Defenders to apply for access to the Assistance Fund was admissible and approved a grant of
sufficient financial aid for presenting up two statements and for the Inter-American Defender
to attend the public hearing.8
8.
Respondent’s answer. - On August 8, 2013, the State submitted its brief to the Court
containing preliminary objections, its response to the initial brief submitting the case to the
Court, and observations on the briefs of pleadings and motions (hereinafter “Respondent’s
answer”). The brief presented by the State raised four preliminary objections: (i) lack of
jurisdiction ratione temporis; (ii) lack of jurisdiction ratione materiae; (iii) drafting error in
the text of a pleadings and motions brief, and (iv) failure to exhaust domestic remedies.
9.
Briefs of observations on preliminary objections. – On October 16, 20, 24 and 28, 2013,
the representatives of the alleged victims and the Commission submitted their observations
on the preliminary objections lodged by the State in its answering brief.
10. Summons. - The president of the Court issued an order on April 10, 2014, 9 as follows:
(i) summoning the expert witness Miguel David Lovatón Palacios, offered by the InterAmerican Commission, to render his statement before a public attestor (in affidavit) and (ii)
summoning the parties to a public hearing scheduled for May 27, 2014 in the city of San Jose,
Costa Rica, during the 103rd Regular Session of the Court, to receive expert opinions from
Marcelo Solimine, offered by the Inter-American Defenders, and Armando Bonadeo, offered
5
Mr. Alberto de Vita and Mr. Mauricio Cueto represent the following alleged victims: Enrique Pontecorvo,
Ricardo Candurra, Aníbal Machín, José Di Rosa Carlos Arancibia.
6
Mr. Juan Carlos Vega and Mr. Christian Sommer represent the following alleged victims: Miguel Angel Maluf,
Alberto Jorge Pérez, Carlos Alberto Galluzzi and Juan Italo Óbolo.
7
The Inter-American Defenders represent the following alleged victims: Gerardo Félix Giordano, Nicolás
Tomasek, Enrique Jesús Aracena, José Arnaldo Mercau, Félix Oscar Morón, Miguel Oscar Cardozo, Luis José López
Mattheus, Julio César Allendes, Horacio Eugenio Oscar Muñoz, Hugo Oscar Argüelles and Ambrosio Marcial and his
rightful claimants.
8
Cfr. Case of Argüelles et al. v. Argentina. Order of the president of the Inter-American Court, June 12, 2013.
9
Cfr. Case of Argüelles et al. v. Argentina. Order of the president of the Inter-American Court, April 10, 2014.