filed a preliminary objection (infra para. 20) and asked the Court to “reject the
arguments” regarding the alleged international responsibility of the State for the alleged
violation of the rights enshrined in Articles “8(2) (c), 8(2) (h), 9, and 25(1) of the
American Convention, in relation to Article 1(1) thereof, as well as Article 2 of that
instrument. As to the reparations, Argentina objected both to those requested by the
Commission, and those requested by the representatives. The State also indicated that it
objected to increasing the number of beneficiaries of the pecuniary reparations
requested by the representatives. The State appointed the Minister Eduardo Acevedo
Díaz, General Director of Human Rights of the Ministry of Foreign Affairs, International
Trade and Worship as its Agent, and, as alternate agents, it appointed Mr. Alberto Javier
Salgado, Director of International Legal Affairs at the Department of Human Rights, Ms.
Andrea Gualde, Director of International Affairs on Human Rights of the Secretariat for
Human Rights, and Ambassador Juan José Arcuri, Ambassador of Argentina to the
Republic of Costa Rica.
12.
On March 28, 2012 and March 29, 2012, the Inter-American Commission and the
representatives submitted, respectively, their observations to the preliminary objection
raised by the State (supra para. 10).
13.
On June 4, 2012, the President of the Court (hereinafter “the President”) issued
an Order7, in which he declared admissible the request filed by the Inter-American
defenders, in their role as representatives of the alleged victim, to access the Victims’
Legal Assistance Fund (supra para. 9) and made other determinations in that regard.
The President also ruled on the objection filed by the State against the expert witness
offered by the Commission, and ordered that his testimony, as well as that of the other
expert witness, be rendered at the public hearing. Moreover, the President ordered that
sworn statements be rendered before a notary public (affidavits) by the alleged victim
and one expert witness; said statements were submitted by the representatives on June
19, 2012. In that Order, the President also summoned the parties and the Commission
to a public hearing (infra para. 14).
14.
On June 8, 2012, the State filed a motion against three points of the Order of the
President, of June 4, 2012 (supra para. 12). On June 12, 2012, the Commission
submitted its observations on the motion presented by the State. The representatives
did not submit any observations. On June 18, 2012, the Court issued an Order in which
it dismissed the motion filed by the State and, therefore, upheld the President’s Order of
June 4, 2012.8
15.
The public hearing took place on June 20 and 21, 2012, during the 95th Regular
Period of Sessions, held at the seat of the Court.9 During the public hearing, testimony
from two expert witnesses was heard, as well as the observations and final oral
arguments of the Inter-American Commission, the representatives and the State.
7
Cf. Case of Mohamed v. Argentina. Order of the President of the Court of June 4, 2012, available at
the
web
site
of
the
Court
at
the
following
link:
http://www.corteidh.or.cr/docs/asuntos/mohamed_04_06_12.pdf.
8
Cf. Case of Mohamed v. Argentina. Order of the President of the Court of June 4, 2012, available at:
http://www.corteidh.or.cr/docs/asuntos/mohamed_18_06_12.pdf
9
The following individuals appeared at the hearing: a) for the Inter-American Commission: Rosa María
Ortíz, Commissioner, and Silvia Serrano Guzmán, advisor to the Secretariat; b) for the representatives:
Gustavo L. Vitale and Marcelo Torres Bóveda, Inter-American defenders, and Daniel García Cáneva, Assistant
to the Inter-American Defenders, and c) for the State: Javier Salgado, Agent, Director of the Department of
International Legal Affairs related to Human Rights, Argentine Foreign Ministry; María Cecilia López Uhalde,
Department of International Legal Affairs related to Human Rights, Argentine Foreign Ministry; Yanina Berra
Rocca, General Legal Counsel, Argentine Foreign Ministry; María Eugenia Carbone, Coordinator of International
Affairs of the National Secretariat for Human Rights, and Ramiro Badia, Advisor of the National Secretariat for
Human Rights.
7