6.
The hearing took place on October 11, 2011, during the forty-fourth special session
of the Court, held in Bridgetown, Barbados.5 During the hearing, the Court asked the parties
to provide specific additional information when submitting their written final arguments.
7.
On November 14 and 16, 2011, the representatives, the State, and the InterAmerican Commission sent their respective final written arguments and observations. With
their briefs, the State and the representatives submitted documents that were forwarded to
the other parties so that they could make any observations they deemed relevant. In
addition, on November 29, 2011, under Article 58(b) of the Rules of Procedure, the State
was requested to forward specific information and documentation as helpful evidence by
December 14, at the latest.6 On December 14, 2011, Argentina requested an extension and
this was granted by the Court, establishing a new deadline for receiving the information of
January 23, 2012. On January 24, 2012, Argentina presented some information, although
not the information that had been specifically requested, and the State was advised of this
situation. On February 28, 2012, Argentina forwarded another brief containing part of the
information requested by the Court as helpful evidence. The Court informed the State that
the admissibility of this documentation would be considered at the appropriate opportunity7
(infra para. 12).
8.
In addition, the Court received amicus curiae briefs from the following persons and
institutions: (1) Laura Clérico and Liliana Ronconi, professors of the Law School of the
Universidad de Buenos Aires; (2) Diana Mafia, Legislator of the Autonomous City of Buenos
Aires; (3) the Committee against Torture of the Comisión Provincial por la Memoria [the
Provincial Commission for Memory]; 8 (4) the Adoptar Foundation, 9 and (5) Laura María
Giosa, Simón Conforti, Renzo Adrián Sujodolski, Marisa Herrera and Lucas E. Barreiros,
coordinators of the master’s programs in family, children’s and adolescents’ law and
international human rights law of the Law School of the Universidad de Buenos Aires.
III
JURISDICTION
9.
The Inter-American Court has jurisdiction to hear this case in accordance with Article
62(3) of the American Convention on Human Rights, because Argentina has been a State
Party to the American Convention since September 5, 1984, and accepted the binding
jurisdiction of the Court on that same date.
5
There appeared at this hearing: (a) for the Inter-American Commission: Luz Patricia Mejía Guerrero,
Delegate and Silvia Serrano Guzmán, legal adviser; (b) for the representatives: Susana Ana María Terenzi and
Margarita R. Nicoliche, and (c) for the State: Alberto Javier Salgado, Julia Loreto, Andrea Gladys Gualde, María
Eugenia Carbone, and Marisa Graham.
6
Cf. Note of the Secretariat of the Court REF.: CDH-12.584/108 of November 29, 2011, requesting the
State to forward: (a) a complete copy of the civil and criminal judgments referred to in the attachment to its final
written arguments, in the case identified as “E.Z. ref/guardianship. March 2010. Civil Court No. 38”; (b)
information on whether the act of surrendering a child in exchange for financial compensation or payment is a
criminal offense under domestic law and, in this regard, it should provide any observations it deems pertinent, and
(c) detailed information on the steps taken by the State in order to verify whether the actions of the officials who
intervened in the different domestic proceedings concerning this case were in keeping with the law and, if
appropriate, the results.
7
Cf. Notes of the Secretariat of the Court REF.: CDH-12.584/111, 114 and 117 of December 20, 2011, and
January 31 and March 6, 2012.
8
The brief was filed by Adolfo Perez Esquivel, Aldo Etchegoyen, Alejandro Mosquera, Elisa Carca and
Roberto F. Cipriano García, directors of the Comisión Provincial por la Memoria.
9
The brief was filed by Julio Cesar Ruiz, President of the Adoptar Foundation.
5