7
by the State, as well as final oral pleadings and observations from the parties and the
Commission. On May 12, 2014 the Commission sent the Registrar the expert statement by
Mr. Lovatón.
11. Public hearing and additional evidence. – Statements were taken at the May 27, 2014
hearing from the people who had been summoned (supra par. 10), along with observations
from the Commission and final oral pleadings from the representatives and the State. Finally,
the judges on the Court requested certain additional information and documentation from the
parties to be supplied along with the final written pleadings and final written observations.
12. Final written pleadings and observations. – The representatives and the State submitted
their final written pleadings on June 19, 26 and 30 and July 1, 2014. The Commission
submitted its final written observations on June 30, 2014. The parties responded on July 17
and 18, 2014, filing their comments on the evidentiary documents that had been submitted
and on the two final written pleadings on which comments had been requested.
13. Deliberation of the case. - The Court began deliberations on the instant case on
November 19, 2014.
III
JURISDICTION
14. The Inter-American Court is competent to hear the instant case pursuant to article 62(3)
of the Convention, as Argentina has been a State Party to the American Convention since
September 5, 1984 and recognized the contentious jurisdiction of the Court on the same date.
The State filed two preliminary objections, arguing that the Court is not competent to hear
the instant case. The Court will therefore begin by addressing the preliminary objections filed
(infra pars. 18 to 38) and then, if it is legally in order, it will judge on the merits and requested
reparations.
IV
PRELIMINARY OBJECTIONS
15. The State raised four preliminary objections: (a) lack of jurisdiction ratione temporis;
(b) lack of jurisdiction ratione materiae; (c) failure to exhaust domestic remedies, and (d)
error in the drafting of a pleadings and motions brief. The Court recalls that preliminary
objections are matters of a prior character that seek to prevent the analysis of the merits of
a disputed matter by contesting the admissibility of an application or the Court’s jurisdiction
to hear a specific case or one of its aspects, owing to the person, matter, time or
place, provided that these objections are of a preliminary nature. 10 If the assertions
cannot be considered without previously analyzing the merits of a case, they cannot be
examined as a preliminary objection.11
16. In the first place, the Court notes that in its fourth preliminary objection, “error in the
drafting of the pleadings and motions brief,” the State has pointed to inconsistencies allegedly
contained in the brief by representatives Vega and Sommer between the facts of the case,
individualization of the human rights allegedly violated, and the claims being pursued. The
10
Cfr. Case of Las Palmeras v. Colombia. Preliminary Objections. Judgment of February 4, 2000. Series C No.
67, par. 34, and Case of Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations
and Costs. Judgment of August 28, 2014. Series C No. 283, par. 15.
11
Cfr. Case of Castañeda Gutman v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment
of August 6, 2008. Series C No. 184, par. 39, and Case of Human Rights Defender et al. v. Guatemala, par. 15.