7
(a) Article 4 of the Convention; (b) Article 5 of the Convention; (c) Article 19 of the
Convention, and (d) Article 24 of the Convention and Article 7 of the Convention of Belém
do Pará, all in relation to Article 1(1) of the Convention, to the detriment of María Isabel
Veliz Franco. It also asked that the Court declare the violation of: (a) Article 5(1) of the
Convention; (b) Article 8 of the Convention, and (c) Article 25 of the Convention, in relation
to Articles 24 and 1(1) of this instrument, to the detriment of María Isabel’s mother,
brothers and grandparents. Lastly, it asked the Court to order different measures of
reparation.
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representatives. The submission of the case was
notified to the State and to the representatives of the presumed victims by a
communication of July 3, 2012.3
7.
Brief with motions, arguments and evidence. On September 4, 2012, CEJIL and
REDNOVI submitted4 their brief with motions, arguments and evidence (hereinafter
“motions and arguments brief”) to the Court, in accordance with Article 40 of the Court’s
Rules of Procedure. They stated that, basically, they endorsed the Commission’s
presentation of the facts, and indicated that they would describe the context in which these
facts occurred in greater detail. They added that the State had failed to comply with its
obligation of prevention under Article 7 (Right to Personal Liberty), and alleged noncompliance with Article 2 (Domestic Legal Effects) of the Convention. They did not allege
the violation of Article 24 (Equal Protection). In addition, they asked the Court to order
different measures of reparation. Lastly, the mother and brothers of María Isabel requested
access to the Victims’ Legal Assistance Fund of the Court (hereinafter also “the Victims’
Legal Assistance Fund” or “the Fund”). Subsequently, on March 8, 2013, the representatives
advised the Court that only REDNOVI would act as the representative (hereinafter also “the
representative”).
8.
Answering brief. On December 18, 2012,5 the State presented its brief filing a
preliminary objection, answering the submission of the case and with observations on the
motions and arguments brief (hereinafter “answering brief”). In this brief, it filed “the
preliminary objection of failure to exhaust domestic remedies,” denied each of the alleged
violations presented by the Commission and the representative, and asked the Court to rule
that the State was not internationally responsible. Furthermore, the State made a
“preliminary analysis of competence,” in which it indicated that “it did not recognize the
competence of the Inter-American Court to examine the supposed violation of Article 7 of
the Convention of Belém do Pará.” It also raised a question concerning the determination of
the “victims” in the Commission’s Merits Report in its “[l]egal analysis of the supposed
violations that had been alleged.” Lastly, the State rejected the measures of reparation that
had been requested. The State appointed Rodrigo Villagrán Sandoval as Agent,6 and Ema
Estela Hernández Tuy de Iboy as Deputy Agent.
3
The Commission’s submission brief and annexes were forwarded to the parties by courier. The
representatives received them on July 4, 2012, and the State received them on July 11, 2012.
4
On that date, CEJIL, represented by Viviana Krsticevic, Alejandra Nuño, Marcela Martino and Adeline Neau,
and REDNOVI, represented by Giovana Lemus and Sonia Acabal, were the representatives of the presumed
victims.
5
On October 2, 2012, the Court sent the State by courier the brief with motions, arguments and evidence,
together with its annexes and a USB device and two compact discs with the documents presented by the
representatives, granting the State two months, non-extendible, to present its answer. On October 17, 2012, the
State advised the Court that the USB device had not been received. On October 18, 2012, the Court again sent the
State a compact disc with the missing documentation contained on the USB, and granted the State a new time
frame to present its answer calculated from the date of reception of this compact disc.
6
On March 15, 2013, the State advised that it had appointed Rodrigo Villagrán Sandoval as the State’s
Agent, in substitution of María Elena de Jesús Rodríguez López.