5
29.
As for the argument of the petitioners regarding the surprise scheduling of a hearing by
the Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of
Mercedes, the State claims that the court deemed it necessary to hold an additional hearing in order to
put the parties on an equal footing in their ability to defend themselves. It notes that at the first hearing
the defendants took the floor to speak on two occasions, while the plaintiffs did so only once, which
prompted the scheduling of an additional hearing in order to strike a procedural balance and hear
arguments on the facts of the case.
30.
The State asserts that both the plaintiffs and the defendants were served notice of this
hearing. It affirms that the defense attorney for the alleged victims participated in this proceeding and,
therefore, their absence does not amount to a violation of due process rights. It further contends that
both parties appealed the trial court judgment and it was proper to supplement the first hearing by
providing an opportunity to the plaintiffs to argue on the points about which they had not submitted any
pleadings, which were part of the appeal, and about which the defendants and their attorneys had
extensively argued during the first hearing convened by the appellate court.
31.
The State claims that the alleged victims enjoyed all due process rights at both the trial
and appellate levels. It argues that after the appeals decision was handed down, the alleged victims
improperly sought extraordinary remedies in both the provincial and the federal sphere. It notes that they
attempted to file an appeal to the Supreme Court of Justice of the Province of Buenos Aires, pleading
grounds for a Writ of inapplicability of the law, which is why the appeal was denied by the high court. The
State asserts that the alleged victims filed a federal appeal against this decision, which was also denied.
It claims that, in light of this, the defendants filed a Motion for Reconsideration of an Interlocutory Order
(Recurso de Revocatoria), which was denied because it was evident that the challenged ruling is not
subject to reconsideration.
32.
As to the argument of the petitioner that Mr. Carlos Memoli was convicted because his
attorney had used a particular expression in an administrative proceeding, the State contends that this
assertion is not part of the consideration and decision of the courts, which heard the case. It notes that
Mr. Carlos Memoli was convicted for a number of acts of slander expressed through different ways, and
not for the aforementioned expression in an administrative proceeding.
33.
The State argues that the alleged victims misused the appeals procedure and, therefore,
have not adequately exhausted domestic remedies. It notes that the petitioners’ claim does nothing more
than call into question the judgment issued by the Argentinean courts in the suit. In this regard, it
contends that the Commission cannot review judgments of domestic courts that act within the sphere of
their competence and apply due process guarantees.
34.
The State contends that it has not violated the freedom of expression of the alleged
victims, inasmuch as the criminal sanction imposed on them is expressly and previously established by
law, and meets the requirements for the subsequent imposition of liability in order to protect the right to
honor and reputation of the plaintiffs. It asserts that these elements conform to the requirements set forth
in Article 13.2 of the American Convention.
35.
With regard to the civil action for damages against the petitioners, the State did not
express a position during the merits stage. However, during the admissibility stage the State argued that
because this process is still ongoing, the petitioner’s allegations should be considered in the domestic
proceedings and not before the IACHR.
36.
Finally, the State notes that two judges for civil matters of the Judicial Department of
Mercedes were sanctioned with a “warning” for “delays in ruling.” It further states that Dr. Etchegaray,
Judge of Court No. 10 for Civil and Commercial Matters, was sanctioned for delaying a ruling on an
objection to disqualification of license in the Memoli’s case and Dr. Cuestas, Judge of Court No. 1 for Civil
and Commercial Matters, was sanctioned for recusing herself from the Memoli case twice. The State