11
3(1) “Inadmissibility of the application owing to ambiguity or
inconsistency between the object and the plea, and the body of the
text”; and
3(2) “Inconsistency between the claims of the Inter-American
Commission on Human Rights and those of the representatives of the
alleged victims.”
4.
“Failure to exhaust domestic remedies”
4(1)
“Justified delay in the corresponding decision”; and
4(2)
“Inappropriateness of the remedy of habeas corpus.”
50.
When presenting its final oral arguments on preliminary objections during the
public hearing on September 7, 2004 (supra para. 38), the State indicated that “it
withdr[ew]” the preliminary objection “on the inconsistency between the claims of
the Inter-American Commission on Human Rights and those of the representatives of
the alleged victims [and their next of kin].” Consequently, the State withdrew the
second part of the third preliminary objection (supra para. 49).
51.
The Court will now proceed to examine the remaining objections filed by El
Salvador.
FIRST PRELIMINARY OBJECTION
“LACK OF JURISDICTION RATIONAE TEMPORIS”
52.
In the brief filing preliminary objections, answering the application and with
observations on the requests and arguments brief, the State divided the first
preliminary objection into:
1(1) “Non-retroactivity of the
disappearance of persons”; and
application
of
the
crime
of
forced
1(2) Lack of jurisdiction owing to the terms in which the State of El
Salvador recognizes the jurisdiction of the Inter-American Court of Human
Rights”.
53.
The Court will now summarize the argument of the State, the Inter-American
Commission, and the representatives of the alleged victims and their next of kin
concerning this preliminary objection, starting with objection 1(2) entitled “Lack of
jurisdiction owing to the terms in which the State of El Salvador recognized the
jurisdiction of the Inter-American Court of Human Rights.”
“Lack of jurisdiction owing to the terms in which the State of El Salvador recognizes
the jurisdiction of the Inter-American Court of Human Rights”
Arguments of the State
54.
The State argued that:
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