Inter-American Court of Human Rights* Case of Kimel v. Argentina Judgment of May 2, 2008 (Merits, Reparations and Costs) In the Case of Kimel, the Inter-American Court of Human Rights (hereinafter, “the Inter-American Court,” or “the Court”), composed of the following judges: Cecilia Medina-Quiroga, President; Diego García-Sayán, Vice-President; Sergio García-Ramírez, Judge; Manuel E. Ventura-Robles, Judge; Margarette May Macaulay, Judge; and Rhadys Abreu-Blondet, Judge; also present, Pablo Saavedra-Alessandri, Secretary; and Emilia Segares-Rodríguez, Deputy Secretary; pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter, “the Convention” or “the American Convention”) and Articles 29, 31, 53(2), 55, 56, and 58 of the Rules of Procedure of the Court (hereinafter, “the Rules of Procedure”), delivers the following judgment. I INTRODUCTION OF THE CASE AND PURPOSE OF THE APPLICATION 1. On April 19, 2007, pursuant to the provisions of Articles 51 and 61 of the American Convention, the Inter-American Commission on Human Rights (hereinafter, “the Commission” or “the Inter-American Commission”) filed before the Court an application against the Argentine Republic (hereinafter, “the State” or “Argentina”), originating in the petition filed on December 6, 2000, by the Center for Legal and Social Studies (Centro de Estudios Legales y Sociales, CELS) and by the Center for Justice and International Law (Centro por la Justicia y el Derecho Internacional, CEJIL). On February 24, 2004, the Commission approved Report No. 5/04, whereby it found the petition filed by Mr. Kimel to * On May 7, 2007, Judge Leonardo A. Franco, an Argentine national, informed the Court that he would be unable to be present at the deliberation of the instant case, which was accepted by the President on that same day, in consultation with the other members of the Court. As a result of the foregoing, on May 7, 2007, the State was notified that, within the term of 30 days, it could designate a judge ad hoc to take part in the deliberation and determination of this case. Said term expired without the State having made such designation.

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