the representative was forwarded to the State and the Commission, which were given time to
present their observations. Their observations were submitted on October 8, 2020.
12. Deliberation of this case. The Court deliberated on this judgment in a virtual session on
November 17, 2020.7
III
COMPETENCE
13. The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the Convention,
because Argentina has been a State Party to the Convention since September 5, 1984, and
accepted the contentious jurisdiction of the Court on the same date.
IV
ACKNOWLEDGMENT OF RESPONSIBILITY
A.
Recognition by the State, observations of the parties and of the
Commission
14. In its answering brief, the State accepted “the conclusions contained in Report on the Merits
147/18 adopted by the […] Inter-American Commission on Human Rights," and consequently,
recognized "the Argentine State’s responsibility for the rights violations determined in Report on
the Merits 147/18." On making this recognition, the State noted "the marked exceptionality of Mr.
Almeida's case," noting the dates, circumstances, and facts characterizing Mr. Almeida's situation
and that of his partner, who was a beneficiary of compensation provided for under Law 24,043,
as well as the clarity of his statement regarding the situation of supervised release to which he
was subjected.
15. Regarding the reparations, the State asked the Court to establish the pecuniary reparations
and sums for costs and expenses associated with this procedure based on the criteria of equity.
However, it argued that the institutional measures of reparations requested by the representative
"ignore the exceptional nature of [Mr.] Almeida’s situation." Effectively, it underscored that "both
the courts and the administrative forums have for years used a broader interpretation of cases of
supervised release,” for which reason it is not necessary to update the administrative mechanisms
or issued new criteria to the personnel involved in processing requests for reparation or amending
the law.
16. The Commission “view[ed] very positively the statement of the [...] Argentine State
recognizing its international responsibility, which constitutes a positive contribution to the
development of this international process and the dignification of the victim.” Regarding the
nonpecuniary measures of reparation, it underscored the presence of international responsibility
for violation of Article 2 of the Convention for excluding de facto supervised release from being
covered under Law 24,043, but that this situation "was in general terms corrected subsequently
through […] judicial interpretation." It therefore asked that the pertinence of the measures of
reparation proposed by the representative be evaluated based on these considerations.
17. The representative welcomed “the Argentine State's willingness through its current
representatives to recognize, in the particular case of this party, its international responsibility for
Due to the exceptional circumstances brought about by the COVID-19 pandemic, this judgment was
deliberated and approved during the 138th Regular Period of Sessions, which was held remotely, using technological
means, in keeping with the provisions of the Rules of Procedure of the Court. See Press Release No. 111/2020, of
October 29, 2020, available here: http://www.corteidh.or.cr/docs/comunicados/cp_111_2020.pdf.
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