petition 12.128, and to determine the way forward in the processing of that case and
of the petition concerning the situation of Mr. Kimel.
14. On March 17, 2003 the State requested an extension of 30 days to present its
reply to the last submission made by the petitioners, which it eventually transmitted
on April 16, 2003, in the framework of the processing of petition 12.128 ("Verbitsky et
al."). (On May 27, 2003 the petitioners informed the Commission that, based on the
lack of progress in processing the law bill, the talks aimed at reaching a friendly
settlement in connection with petition 12.128 had been suspended altogether).
15. By means of a communication of November 26, 2003 the Commission formally
separated the petition concerning Mr. Kimel from the processing of petition 12.128
("Verbitsky et al."), and informed the parties that it would continue to process the
former petition as case number P720/2000. In that same communication, the
Commission informed the parties that it was concluding the friendly settlement
procedure in light of its lack of results, and granted them one month to present any
additional observations on the admissibility both of petition 720/2000 and of petition
12.128. The petitioners replied, reiterating their request that the case be declared
admissible. The Government, for its part, did not reply.
III
POSITIONS OF THE PARTIES
A.
Position of the petitioners
16. According to the complaint, in its ruling of September 25, 1995 the Eighth National
Court of First Instance for Criminal and Correctional Matters in and for Buenos Aires
found in Case 2564 of that court’s docket that the journalist Eduardo Gabriel Kimel was
guilty of the crime of defamation in accordance with Article 110 of the Criminal Code
and imposed on him a sentence of one year in prison (suspended) as well as 20,000
pesos in damages for defamation.1
17. According to the petition, the criminal proceeding against Kimel was initiated based
on a criminal complaint brought on October 28, 1991 by Guillermo Federico Rivarola,
whose name is mentioned in a publication authored by the alleged victim titled La
Masacre de San Patricio. The book, published in 1989, tells of the murder of five clerics
of the Palotine order in the District of Belgrano, Buenos Aires, killings that occurred on
July 4, 1976 during the military dictatorship. The book criticizes the actions of the
authorities entrusted with the investigation of the crimes, among them the then-judge
Guillermo Federico Rivarola, in the following terms:
Judge Rivarola carried out all the applicable procedures: he collected the
police reports containing the preliminary information; he requested and
was provided with the reports of the coroner and the ballistics expert. He
summoned a sizeable number of people who were able to provide
information to further the enquiry. However, an examination of the
judicial records poses an initial question: Was there any real intention to
turn up clues that might lead to the murderers? Under the dictatorship
judges were normally acquiescent to, when not complicit in, the
repression of the dictatorial regime. In the Palotines’ case, Judge
1 The norm in question provides: Anyone who injures another person’s honor or reputation shall be fined
between 1,500 and 90,000 pesos or imprisoned from one month to one year.