16.
On June 28, 2012, the Secretariat of the Court, following the instructions of the
President, required the State to submit certain documents on domestic legislation, as
well as a copy of the entire record of the criminal proceedings against Mr. Mohamed, in
order to facilitate adjudication.
17.
On July 6, 2012, the Court received an amicus curiae brief from the Chair of
Human Rights of the Faculty of Law of the National University of Cuyo.10
18.
On July 23, 2012, the State and the representatives submitted their final written
arguments and the Inter-American Commission presented its final written observations.
In addition, the State submitted its observations to the statements rendered by
affidavits, as well as some of the documents requested as evidence to facilitate
adjudication of the case (supra para. 15), as well as its observations the statements
rendered by affidavits.
19.
On July 26, 2012, the aforementioned briefs and final observations were
conveyed to the parties and to the Inter-American Commission and the State was
ordered to submit the missing documentation requested previously to facilitate
adjudication of the case, no later than August 6, 2012. The State presented part of these
documents on July 30, 2012. On August 6, 2012, said documents were sent to the
representatives and the Commission and the State was asked, once again, to submit, no
later than August 10, 2012, the missing documents and legible copies of some of the
pages of the acquittal order issued on August 30, 1994, by the Correctional Court No. 3,
Secretariat Nº 60, of the Federal Capital, which were illegible. On August 10, 2012, the
State provided “improved copies” of those pages and made some clarifications with
respect to the documents requested to facilitate adjudication of the case. It also
indicated that it “does not have a complete copy” of the record of the criminal
proceedings against Mr. Mohamed given that “so much time had passed and said records
[were] sent to the General Criminal Archive of the National Judiciary Office to be
destroyed.” On August 21, 2012, the “improved copies” of the pages and the information
submitted by the State were forwarded to the representatives and the Commission, and
a deadline was set for them to submit any observations they deemed pertinent with
respect to the aforementioned evidence. On September 24, 2012, after an extension was
granted, the Commission indicated that “it h [ad] no comments to make on the
information provided by the State” to facilitate adjudication. The representatives did not
submit any observations in this regard.
20.
On September 20, 2012, the Secretariat, following the instructions of the
President, informed the State about the expenditures covered by the Victims’ Legal
Assistance Fund in this case and, in accordance with the provisions of Article 5 of the
Court’s Rules for the Operation of the Fund, granted the State a deadline to submit any
observations it deemed pertinent. On October 15, 2012, the State indicated that it had
“no comments to make regarding the [aforementioned] expenditures.”
III
PRELIMINARY OBJECTION
ALLEGED INABILITY OF THE COURT TO EXAMINE THE ALLEGED VIOLATION OF
ARTICLE 8(4) OF THE INTER-AMERICAN CONVENTION ON HUMAN RIGHTS
Arguments of the State and observations of the Inter-American Commission and the
representatives
10
The brief was filed by Messrs. Diego Jorge Lavado, Daniel E. Rodríguez Infante, Andrés Rousset Siri,
Ignacio G. Perotti Pinciroli and Mrs. María Milagros Noli, of the Chair of Human Rights of the Law School of the
National University of Cuyo.
8