responsibility would derive, as well as their corresponding scope and the legal effects that they could have until
now.
43.
In view of the situation described above, the Commission considers that the acknowledgment of
responsibility of the Argentine State has full legal effects. Notwithstanding this, taking into account the
Commission’s role of guarantor of the inter-American public order, the aspects that continue to be
controversial, and the need to determine the scope of the international responsibility of the Argentine State in
order to provide the pertinent recommendations, the Commission concludes that it is necessary to
comprehensively analyze the facts and all the substantive elements of this matter.
V.
COMPETENCE ANALYSIS AND ADMISSIBILITY
A. Competence, duplication of procedures, and international res judicata
Competence Ratione personae:
Competence Ratione loci:
Competence Ratione temporis:
Yes
Yes
Yes
Yes, American Convention on Human Rights
(ratification instrument deposited on September 5,
1984)
Competence Ratione materiae:
Duplication of procedures and International res
judicata:
No
B. Exhaustion of domestic remedies and timeliness of the petition
44.
According to the constant criterion of the IACHR, “(…) the analysis of the requirements set forth in
Articles 46 and 47 of the Convention must be made in light of the situation in force at the time of the decision
on admissibility or inadmissibility of the claim”5.
45.
In the present case, the petitioners argued that the case complies with the exception to the exhaustion
of domestic remedies, both because the remedies have been ineffective in finding the truth of the facts, and
because of the excessive and unjustified delay of justice, due to the intention of the State to avoid a true
investigation. It indicated that it took 25 years for the oral trial of the only person accused of the attack to begin
and 15 years for the officials involved in the diversion and cover-up of the investigation of the attack to be
sentenced, however, it has not been possible to the date to determine the truth of what happened, nor to punish
those responsible.
46.
Regarding the position of the Argentine State, the Commission observes that in its first submissions it
alleged failure to exhaust domestic remedies; However, in its subsequent communications it stated that, since
the Argentine State assumed international responsibility through Decree 812/2005, it would be unnecessary
to make observations regarding the merits of the matter. The State did not submit observations or arguments
again regarding the admissibility of the case.
47.
Taking into account that almost 26 years have passed since the beginning of the criminal proceeding
without resolution, which should be the ideal way to clarify the facts and responsibilities through a diligent and
ex officio investigation, the Commission considers that the exception provided for in Article 46.2 c) of the
American Convention is applicable.
IACHR, Report No. 15/15, Admissibility. Petition 374-05. Workers of the Union of Workers of the National Federation of Coffee Growers
of Colombia. Colombia. March 24, 2015, para. 39. Also see: I/A Court H.R., Case of Wong Ho Wing v. Peru. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 30, 2015. Series C No. 297, para. 25.
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