4.
Submission to the Court. On April 18, 2019, the Commission submitted all the facts
and human rights violations described in the Merits Report to the jurisdiction of the InterAmerican Court, “owing to the need to obtain justice and reparation” and because “this case
raises issues of inter-American public order.”3
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 with concern that almost 17 years have elapsed between the presentation
of the initial petition before the Commission and the submission of this case to the Court.
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representatives. The State of Argentina and the
representatives of the alleged victims were notified of the case’s submission through
communications dated May 23 and 31, 2019.
7.
Brief with pleadings, motions and evidence. On July 24, 2019, the representatives of
the alleged victims4 (hereinafter “the representatives”) presented their brief with pleadings,
motions, and evidence (hereinafter “pleadings and motions brief”), in accordance with
Articles 25 and 40 of the Rules of the Court. The representative agreed with what the
Commission had alleged and asked that the State be ordered to adopt a series of measures
of reparation and to reimburse costs and expenses.
8.
Answering brief. On February 15, 2019, the State5 submitted to the Court its brief
answering the Commission’s submission of the case, together with its observations on the
pleadings and motions brief (hereinafter “answering brief”). In the brief, the State asked
that the alleged violations of the rights recognized in the American Convention indicated in
the Merits Report and in the pleadings and motions brief be rejected.
9.
Public hearing. On February 10, 2020, the President issued an Order summoning the
parties and the Commission to a public hearing on the merits and possible reparations and
costs to hear the final oral arguments of the parties and the final oral observations of the
Commission in this regard.6 The order also called on an alleged victim and a witness
As its delegates before the Court, the Commission chose Luis Ernesto Vargas Silva, a Commissioner at
the time, and Executive Secretary Paulo Abrão. Likewise, it appointed Silvia Serrano Guzmán and Paulina
Corominas Etchegaray, then attorneys for the Secretariat, as legal advisers.
3
The representatives of the alleged victims are Ángel Acosta Martínez, alleged victim and brother of José
Delfín Acosta Martínez, Myriam Carsen and Soledad Pujo from CISALP and Alejandra Gatto and Paola Gabriela
Canova from Asociación Civil El Trapito.
4
Initially, the State appointed Alberto Javier Salgado, Director of International Litigation in Human Rights
Matters of the Ministry of Foreign Affairs and Religion, as lead agent, along with alternate agents Gonzalo
Bueno, Legal Advisor of the Litigation Department on International on Human Rights of the Ministry of Foreign
Affairs and Religion, and Ramiro Cristóbal Badía, Director of International Legal Affairs on Human Rights of the
Secretariat of Human Rights and Cultural Pluralism of the Nation. Ramiro Cristóbal Badía was later replaced
by Andrea Viviana Pochak, Undersecretary of Protection and International Liaison on Human Rights of the
National Human Rights Secretariat. Additionally, Gabriela Kletzel, Director of Legal Affairs in Human Rights
Matters of the Secretariat for Human Rights of the Nation, was named an alternate agent.
5
Cf. Case of Acosta Martínez et al. v. Argentina. Call to hearing. Order of the President of the InterAmerican
Court
of
Human
Rights
of
February
10,
2020.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/acosta_martinez_10_02_2020.pdf.
6
5