4.
Requests of the Inter-American Commission. – The Commission requested that the Court
declare the international responsibility of the State for the violations described in its Report on the
Merits (supra para. 2(c)). It also requested that the Court order the State to grant measures of
reparation, which are specified and analyzed in Chapter IX of his judgment. The Court notes with
concern that more than 20 years had elapsed between the lodging of the initial petition before the
Commission and the submission of the case to the Court, which has resulted in an even greater
impact on the alleged victims in this case, who were than older than 70 years of age with some of
them even in their nineties, which requires the application of a reinforced standard of expeditiousness
of the procedures. The Court notes that, in cases in which the alleged victims are older persons on
whom eventual violations may have a greater impact, this type of cases must be given priority and
be resolved swiftly.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the representatives and to the State. – The Court notified the Commission’s
submission of the case to the representatives 8 and to the State on February 11, 2020.
6.
First brief with pleadings, motions and evidence. – By decisions 1/20 of March 17, 2020 and
2/20 of April 16, 2020, the Court suspended the calculation of all the time limits due to the emergency
caused by the COVID-19 pandemic and extended the deadline for the presentation of the brief with
pleadings, motions and evidence (hereinafter “the brief with pleadings and motions”) until June 21,
2020. On June 18, 2020, the representatives presented their brief, which substantially coincided with
the Commission’s arguments, and requested that the Court declare the international responsibility
of the State for the violation of the same articles alleged by the Commission.
7.
Second brief with pleadings and motions. – On April 11, 2020, Dora Meneses Huayra appeared
before the Court as the representative of 1,560 9 alleged victims. After having examined the
observations of the parties and the evidence presented, the President of the Court accepted the
representation of Ms. Meneses Huayra on behalf of those persons and granted her a new deadline to
present the corresponding brief with pleadings and motions. On September 20, 2020, Ms. Meneses
Huayra presented her brief, which substantially coincided with the Commission’s arguments and
which requested that the Court declare the international responsibility of the State for the violation
of the same articles alleged by the Commission.
8.
Answering brief. – On March 18, 2021, 10 the State presented its answering brief to the
submission of the case, the Report on the Merits and the briefs with pleadings and motions of the
representatives. In its brief, the State filed two preliminary objections and refuted the alleged
violations and the measures of reparations proposed by the Commission and the representatives.
9.
Public hearing. – On May 20, 2021, the President of the Court (hereinafter “the President”)
issued an order that called the State, the representatives and the Commission to a public hearing in
Executive Secretary Pablo Abrão. It also named Paulina Corominas, as legal advisor.
8
Sergio S. Valdivia Ayala, Víctor J. Guerrero Cassuso, Julio G. Rossi Mérida and María Luisa G. Valdivia were the
representatives of one group of alleged victims, while Dora Meneses Huayra represented another group. Annex I of this
judgment contains the names of the victims in this case and the names of their respective representatives.
9
Annex I of this judgment contains the names of the alleged victims in this case and the names of their respective
representatives. The information in the annex is taken from information included in the evidentiary record of this case.
10
On November 18, 2020, the second brief with pleadings and motions of Ms. Meneses Huayra was transmitted to the
State. Since there were two briefs, the State was granted four months to present an answering brief to the submission of the
case and to the two briefs with pleadings and motions.
5