I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On August 7, 2019, the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to
the jurisdiction of the Court the case of Rufino Jorge Almeida with regard to the Argentine Republic
(hereinafter also “the State” or “Argentina”). The Commission indicated that the case involved a
failure to apply Law 24,043 of November 27, 1991, to provide compensation to Mr. Rufino Jorge
Almeida (hereinafter “Mr. Almeida” or “the alleged victim”) for the time during which he was under
a regime similar to supervised release during the civil-military dictatorship. The Commission asked
that the State be found responsible for the violation of the rights to adequate grounds, equal
protection, and judicial protection, established in articles 8(1), 24, and 25(1) of the American
Convention, in relation to articles 1(1) and 2 of the Convention, to the detriment of Rufino Jorge
Almeida.
2.
Procedure before the Commission. The procedure before the Commission was as follows:
a) Petition. On July 3, 2000, Rufino Jorge Almeida, Myriam Carsen, and Octavio Carsen
filed a petition before the Commission alleging State responsibility to the detriment
of Rufino Jorge Almeida.
b) Admissibility Report. The Commission approved Admissibility Report 45/14 on July
18, 2014.
c) Report on the Merits. On December 7, 2018, the Commission adopted Report on
the Merits No. 147/18 in which it reached a series of conclusions 1 and made several
recommendations to the State.
3.
Notification to the State. The Report on the Merits was notified to the State in a
communication dated February 7, 2019, giving it two months to report on compliance with the
recommendations. The State asked for a first deadline extension, which was granted by the
Commission. The State later requested a second deadline extension with identical terms and
without submitting any specific information on implementation of the recommendations set forth
in the Report on the Merits.
4.
Submission to the Court. On August 7, 2019, the Commission submitted the totality of the
facts and human rights violations described in the merits report before the jurisdiction of the InterAmerican Court, "in view of the need to secure justice for the victim in the instant case.”2
5.
The Commission’s requests. Based on the foregoing, the Commission asked the Court to
find the State internationally responsible for the violations contained in its Report on the Merits
(supra para. 2.c). The Commission asked the Court to order the State to provide measures of
reparation, which are detailed and analyzed in Chapter VIII of this Judgment. This Court notes
The Commission concluded that the State was responsible for the violation of the rights established in articles
8(1), 24, and 25(1) of the American Convention, in relation to the obligations established in articles 1(1) and 2 of the
same instrument, to the detriment of Rufino Jorge Almeida.
1
As its delegates before the Court, the Commission chose José Eguiguren Praeli, a Commissioner at the time,
and the Executive Secretary at the time, Paulo Abrão. Also, as legal advisor, it selected Analía Banfi Víquez, a lawyer
for the Office of the Secretary. Later, Commissioner Joel Hernández García was designated to replace José Eguiguren
Praeli, and Secretariat lawyer Paulina Corominas was selected as the legal advisor.
2
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