videoconference, pursuant to the Court’s Rules of Procedure, on April 1, 2022, during the
147th regular session of the Court. 5
10.
Amicus curiae. The Court received a brief from the Semillero de Litigación ante Sistemas
Internacionales de Protección de Derechos Humanos (SELIDH) of the Law and Political
Sciences Faculty of the University of Antioquía. 6
11.
Final written arguments and observations. On April 30, 2022, the representatives
presented their final written arguments. On May 2, 2022, the State and the Commission
presented their final written arguments and observations, respectively.
12.
Deliberation of the case. The Court deliberated on this Judgment in a virtual session on
August 31, 2022.
III
JURISDICTION
13.
The Court has jurisdiction to hear the instant case, pursuant to Article 62(3) of the
Convention, as Argentina has been a State Party to the American Convention since September
5, 1984, and recognized the contentious jurisdiction of the Court on the same date.
IV
PRELIMINARY OBJECTIONS
14.
The State filed two preliminary objections: a) an objection on the grounds that the
alleged victims had not taken part in the proceedings, and b) an objection due to the abstract,
hypothetical-conjectural and/or groundless nature of the alleged rights violations. Noting the
characteristics of the State’s arguments, the Court will analyze them together.
A. Arguments of the State and observations of the Commission and the
representatives
A.1. The alleged victims did not take part in the proceedings and the
representatives had no powers of representation
15.
The State asserted that there was no document demonstrating the participation of the
alleged victims in the proceedings before the Court, or that they had granted their attorneys
powers to represent them. It said the representatives were not, in fact, in contact with the
alleged victims. Hence, there was no evidence that Ms. Habbal’s son and daughters wished to
continue with the proceedings, nor was any information provided about the state of their lives.
5
The following people took part in the hearing: a) for the Inter-American Commission: Julissa Mantilla Falcón,
Marisol Blanchard, Jorge Meza Flores and Paula Rangel; b) for the representatives: Carlos Varela Álvarez and Ignacio
Boulin; and c) for the State: Javier A. Salgado, Andrea Pochak, Gabriela Kletzel, María Julia Loreto, and Rodrigo
Robles Tristán.
The document, signed by Juliana Betancur Vásquez, Alejandro Gómez Restrepo, Yeni Fernanda García
Palacio, Daniela Estefanía Cadavid Deossa, Jorge Andrés Pinzón Cabezas, Sebastián Alarcón Ruíz, Gabriel Jaime
Roldán Peña and Juan Camilo Carrascal Bula, deals with points of law regarding the indirect and covert discrimination
to which, they argue, the alleged victims were subjected, and presents a legal analysis of the different human rights
violations alleged in this case.
6
5