4
13.
The private hearing held by the Court in its headquarters in San José de Costa Rica
on November 23, 2007.1 During the said private hearing, the State, the Inter-American
Commission and the representative referred to the points pending compliance in this case.
14.
The appeal to the parties by Judge Cecilia Medina Quiroga, who presided the said
private hearing, and who invited the Commission, the representative and the State to come
to an agreement on a joint schedule regarding the measures and actions to be taken so as
to achieve the complete compliance with the above mentioned Judgment, according to the
proposal made by the representative in that sense, which was supported by the Commission
and of which the State took note.
15.
The transcripts signed by the representatives of the Commission, of the State and of
Mr. Osvaldo Baigorria, submitted on November 23, 2007 before the Court after the above
mentioned private hearing, by means of which they expressed:
Having the discussions concluded, the parties express the following:
1.
The petitioner delivers the State representatives a document in which an action plan is
proposed regarding the fulfillment of the reparations ordered by the Court.
2.
The State acknowledges to have received the said document and agrees to submit it
before the competent authorities with respect to each of the actions proposed, within
the national scope and the scope of the Province of Mendoza.
3.
Furthermore, the State agrees to summon a work meeting, during next December, to
which the authorities mentioned in the precedent paragraph shall be invited, in order to
assess said proposal and set a final action plan which shall be submitted to the Court
and the Inter-American Commission on Human Rights.
4.
Notwithstanding the above, the State agrees to request the penitentiary authorities of
the province of Mendoza Mr. Raúl Baigorria Balmaceda´s complete file, including his
record of visits. Also, the State agrees to request a copy of his police record to the
competent provincial authorities.
5.
In that sense, the petitioner considers that, among others, the following provincial
authorities must be summoned for the above mentioned meeting:
a.
b.
c.
d.
e.
6.
Mr.
Mr.
Mr.
Mr.
Mr.
Governor;
Minister of Security;
Minister of Government;
President of the Supreme Court of Justice;
Attorney General of the Supreme Court.
The parties appreciate the kind willingness and spirit of cooperation expressed during
the hearing summoned by the […] Inter-American Court […], which constitute a true
reflection of the common interest in the search of justice.
16.
The writ of November 23, 2007, by means of which the State submitted, in response
to the request made through the Secretary note of August 22, 2007 (supra Having Seen
1
Pursuant to Article 6(2) of the Rules of Procedure, the Court conducted the hearing with a commission of
judges comprised of: Judge Cecilia Medina Quiroga, Vice President; Judge Manuel E. Ventura Robles; Judge Diego
García-Sayán, and Judge Margarette May Macaulay. In the name and stead of the Inter-American Commission, Mr.
Florentín Meléndez appeared at this hearing in his capacity as President of the Commission and delegate, and Mrs.
Lilly Ching, in her capacity as consultant; by the representative of one of the victims´ next of kin, Mr. Carlos
Eduardo Varela Álvarez; and by the State, Ambassador Juan José Arcuri, as Agent, Mr. Jorge Nelson Cardozo,
consultant of the Argentine Board of the Argentine Chancellery, and Mr. Alberto Javier Salgado, attorney of the
Human Rights Department of the Argentine Chancellery.
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