REPORT No. 147/17
PETITION 120-09
REPORT ON ADMISSIBILITY
ARNALDO JAVIER CÓRDOBA AND D.1
PARAGUAY
OCTOBER 26, 2017
I.
INFORMATION ABOUT THE PETITION
Petitioner:
Alleged victims:
State denounced:
The petitioner’s identity is confidential
Arnaldo Javier Córdoba and D.
Paraguay
Articles 8 (Fair Trial), 17 (Family), 19 (Child) and 25
(Judicial Protection) of the American Convention on
Human Rights2 and other international treaties3
Rights invoked:
II.
PROCEDURE BEFORE THE IACHR4
Date on which the petition was received:
Date on which the petition was transmitted to
the State:
Date of the State’s first response:
January 30, 2009
October 27, 2010
Additional observations from the petitioning party:
Additional observations from the State:
III.
December 30, 2010
February 20, July 5 and September 12, 2011; April
18, 2017
May 6 and November 7, 2011
COMPETENCE
Competence Ratione personae:
Competence Ratione loci:
Competence Ratione temporis:
Yes
Yes
Yes
Yes, American Convention (the ratification
instrument was deposited on March 24, 1989)
Competence Ratione materiae:
IV.
ANALYSIS OF DUPLICATION OF PROCEDURES AND INTERNATIONAL RES JUDICATA,
COLORABLE CLAIM, EXHAUSTION OF DOMESTIC REMEDIES AND TIMELINESS OF THE PETITION
Duplication of procedures and International res
judicata:
No
Articles 5 (Humane Treatment), 8 (Fair Trial), 17
(Family), 19 (Child) and 25 (Judicial Protection) of
the American Convention, in relation to its Article 1.1
(Obligation to Respect Rights)
Yes, exceptions set forth in Article 46.2.b and c) of
the ACHR are applicable
Yes, under the terms of Section VI
Rights declared admissible
Exhaustion of domestic remedies or
applicability of an exception to the rule:
Timeliness of the petition:
The alleged victim (hereinafter “D.”) is a child; therefore, his identity is confidential.
Hereinafter “Convention” or “American Convention.”
3 International Covenant on Civil and Political Rights.
4 The observations presented by each party were duly transmitted to the opposing party. On October 22, 2009 and September
28, 2017, the Government of the Argentine Republic, as an amicus curiae, submitted a document in writing that was forwarded to both
parties.
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2
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