4.
II
PROCEEDINGS BEFORE THE COURT
5.
The State and Mr. Roque Mantione, at the time the representative of the alleged
victim, were notified of the submission of the case to the Court by the Inter-American
Commission on May 18, 2011, and May 20, 2011, respectively.
6.
On August 12, 2011, Mr. Mohamed informed the Court of the death of his then
representative, which occurred on July 4 of the same year; he provided his contact
information and asked the Court to appoint an Inter-American defender to represent
him.6
7.
In an Order issued on August 31, 2011, the Court considered as not submitted a
“brief containing pleadings, motions, and evidence” apparently signed by Mr. Mantione,
and received by the Secretariat of the Court on July 9, 2011, five days after his death
and 12 days prior to the filing deadline. In that same Order, the Court instructed its
Secretariat to inform the Inter-American Association of Public Defenders (hereinafter
“AIDEF”) about Mr. Mohamed’s request to be represented by an Inter-American defender
and to proceed accordingly. Furthermore, the Court established a non-extendable
deadline of two months for the new representative to submit the brief containing
pleadings, motions and evidence from the time of notification of the written submission
of the case and annexes; similarly, it granted the State two months to present its
answer upon receipt of the written brief containing pleadings, motions and evidence.
8.
On September 16 and 20, 2011, the General Coordinator of AIDEF informed the
Court that he had appointed Mr. Gustavo Vitale and Mr. Marcelo Torres Bóveda, public
defenders from Argentina and Paraguay, respectively, as Inter-American defenders to
provide legal representation to Mr. Mohamed in the present case.
9.
On October 11, 2011, the Court notified the Inter-American defenders
(hereinafter “the representatives” or “the Inter-American defenders”) of the submission
of the case.
10.
On December 11, 2011, the representatives submitted to the Court their brief
containing pleadings, motions and evidence (hereinafter “pleadings and motions brief”),
pursuant to Article 40 of the Rules of Procedure of the Court. The representatives were
in substantial agreement with the allegations of the Commission and asked the Court to
declare the State’s international responsibility for the alleged violation of the same
articles of the American Convention indicated by the Inter-American Commission; they
added that Argentina had also violated the rights recognized in Articles 8(1), 8(2)(d),
8(2)(e), 8(4), 25(2)(a), and 25(2)(b) of the American Convention, in relation to Article
1(1) thereof, to the detriment of Mr. Mohamed. Consequently, the representatives asked
the Court to order the State to adopt various measures of reparation. Moreover, the
representatives requested access to the Victims’ Legal Assistance Fund of the InterAmerican Court of Human Rights (hereinafter “the Legal Assistance Fund” or “the Fund”)
“both for the exercise of the defense in the inter-American proceeding and with respect
to all of the expenses associated with any related activity to it.”
11.
On February 28, 2012, Argentina presented before the Court its brief containing
the preliminary objection, the brief answering the application and observations to the
pleadings and motions brief (hereinafter “answer brief”). In said application, the State
6
Cf. Brief filed by Oscar Alberto Mohamed on August 12, 2011, before the Inter-American Commission
and death certificate of Roque J. Mantione issued on July 6, 2011, by the National Registry of Identity and Civil
Status (Merits file, Volume I, pages 123-129).
6