III
COMPETENCE
14. 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
15. During the public hearing, the State indicated that it was attending "in the spirit of
recognizing and highlighting the struggle of José Delfín Acosta’s family for justice and
reparation." In its final written arguments, the State repeated this position and expressed
the following:
With a firm commitment to improve institutional quality and guarantee full
enforcement of human rights, on December 10, 2019 a new national government took
office in the Argentine Republic. As the President of the Nation, Alberto Fernández,
expressed when opening the ordinary sessions of Congress: "The defense of human
rights is not the backbone of a government but the backbone of the Argentine Republic
itself."
Under the logic of this as the objective of State administration, as we stated in our
oral arguments, once the new authorities studied the case files and their processing
before the Inter-American System—particularly Report No. 146/18 of the […] InterAmerican Commission on Human Rights [...] that was submitted to the jurisdiction of
this Court, as well as the brief with pleadings, motions, and evidence presented by
the representatives of the victims, and the legal opinion of the Office of the
Institutional Violence Prosecutor of the Ministry of the Public Prosecutor of the
Nation—an autonomous body provided for in the National Constitution—Argentina
concluded it was urgent and absolutely necessary to reassess Argentina's position on
these actions. The State has therefore decided to take responsibility for the human
rights violations committed and, consequently, that the highest court of the region
shall establish the measures it deems pertinent to redress them comprehensively.
Specifically, the Argentine State accepts the conclusions reached by the […] InterAmerican Commission in its report on the merits, for which it acknowledges
responsibility pursuant to the terms in which the IACHR found that the violations of
the rights to life, personal integrity, personal liberty, equal protection, and nondiscrimination suffered by José Delfín Acosta had been committed; along with the
violation of the rights to personal integrity, judicial guarantees and judicial protection
suffered by José's relatives, in particular Ángel and his mother Blanca Rosa.
16. With regard to reparations, at the public hearing, the State indicated that it “would
submit itself to the reparations that this […] Inter-American Court may deem necessary,
along with supervision of compliance therewith, to help guarantee the non-repetition of the
facts.” It reiterated this stance in its final written arguments. However, it clarified that on
March 14, 2019, the judicial case investigating the illegal detention and death of José Delfín
Acosta Martínez had been ordered reopened in the domestic system of justice. It also
indicated that a large portion of the provincial laws providing for police edicts had been
repealed and that, in the framework of a friendly settlement reached with the InterAmerican Commission in case 12,854, the State had committed to renovating the detention
spaces in the police stations intended to temporarily house detainees awaiting transfer or
7