specific case of César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl
Cristian Roldán Cajal and Ricardo David Videla Fernández, because “the courts involved […]
sentenced them to life imprisonment, a punishment that was prohibited under the principle
of nulla poena sine culpa.” The State also challenged most of the facts and human rights
violations alleged in this case. Argentina designated Alberto Javier Salgado as its Agent, and
Julio César Ayala and Andrea G. Gualde as deputy agents.
8.
On May 8, 2012, the President of the Court (hereinafter “the President”) issued an
Order declaring admissible the request presented by the presumed victims, through their
representative, to access the Court’s Assistance Fund (supra para. 6).
9.
On July 6 and 7, 2012, the representative and the Inter-American Commission,
respectively, presented their observations on the preliminary objections filed by the State
and on its partial acknowledgement of responsibility (supra para. 7).
10.
On August 1, 2012, the President of the Court issued an Order in which he required
that affidavits be received from 16 presumed victims and two expert witnesses proposed by
the representative, and two expert witnesses proposed by the Inter-American Commission.
The President of the Court also convened the Commission, the representative, and the State
to a public hearing to receive the testimony of one presumed victim and one expert witness
proposed by the representative, and one expert witness proposed by the Commission; as
well as to hear the final oral arguments of the representative and the State, and the final
oral observations of the Commission on the preliminary objections and eventual merits,
reparations and costs in this case. 6
11.
On August 10, 2012, the representative asked that the testimony of Stella Maris
Fernández, presumed victim called on to testify during the public hearing (supra para. 10),
be received by audiovisual means during the hearing or, failing that, by affidavit, because
she was unable to attend the hearing for health reasons. On August 13, 2012, the
Secretariat of the Court asked the Inter-American Commission and the State to submit their
observations on this matter. There being no opposition to this request, by an Order dated
August 23, 2012, the President of the Court authorized the presumed victim to provide her
testimony by videoconference during the public hearing.
12.
The public hearing was held on August 30, 2012, during the Court's ninety-sixth
regular session. 7 During the hearing, the Court asked the parties and the Inter-American
Commission to submit certain clarifications, additional information, and useful evidence
when presenting their final written arguments and observations.
6
Cf. Case of Mendoza et al. v. Argentina. Order of the President of the Inter-American Court of Human
Rights
of
August
1,
2012
(merits
file,
tome
II,
folio
1098
to
1113).
Available
at:
http://www.corteidh.or.cr/docs/asuntos/mendoza_01_08_12.pdf.
7
At this public hearing the following appeared: for the Inter-American Commission on Human Rights: Rosa
María Ortíz, Commissioner, and Silvia Serrano Guzmán, Specialist of the Executive Secretariat; for the presumed
victims: Mariana Grasso, Deputy Ombudsman before the National Criminal Cassation Chamber, Nicolás Laino,
Deputy Legal Secretary of the National Ombudsman’s Office, and Stella Maris Fernández, alleged victim; for the
Republic of Argentina: Javier Salgado, Agent, Director of International Disputes, Gabriel Lerner, National Secretary
for Children, Adolescents and the Family; María Julia Loreto, from the International Disputes Directorate, Yanina
Berra Rocca, from the Legal Affairs Directorate, María José Ubaldini, from the Deputy Secretariat for Human Rights
of the province of Mendoza, and Enrique Castillo Barrantes, Minister for Foreign Affairs and Worship.
10