41.
Moreover, regarding the arguments presented by the representatives in connection
with an alleged violation of Article 21 of the Convention, the Court notes that the first clause
of the text of the reservation only excludes from the Court’s jurisdiction those issues
“relating to the government's economic policy.” Meanwhile, the second clause of the
reservation indicates that the Court cannot consider cases in which domestic courts have
issued a ruling based on criteria such as “public utility,” “social interest” or “fair
compensation.” While it is true that the text of the reservation does not specify the main
components for determining which “questions are inherent to the Government’s economic
policy,” the Court considers that the first line of this reservation should be understood as a
limitation for the organs of the Inter-American System to review general economic policies
related to aspects of the right to property enshrined in Article 21 of the American
Convention. Regarding the second clause of the reservation, the State did not submit
specific arguments, and therefore the Court considers it unnecessary to make a literal
interpretation thereof.
42.
In the instant case, the representatives’ arguments concerning the alleged violation
of Article 21 are based on the fact that: i) “the application of the method of payment
established by Law 23.982 and the delay in the process [of] execution of the judgment
resulted in non-compliance with a compensation award recognized by a firm court decision,
[therefore] it must be concluded that a right acquired by the beneficiary of the
compensation was infringed,” and ii) “the breach of the right to property derive[d] from the
disregard of a decision issued by a judicial body, a resolution that guaranteed a
compensation credit that makes clear provision for reparation and subsistence.”
43.
In this regard, the Court considers that the representatives of the alleged victims are
not calling for the review of an issue inherent to an economic policy adopted by the State.
On the contrary, the Court notes that the arguments regarding the alleged violation of
Article 21 of the Convention, in this case, are related to alleged infringements of said right
deriving from the judicial proceedings and their execution, which will be examined in the
analysis of the merits of the case (infra para. 206-223). Accordingly, the Court concludes
that in the instant case the reservation made by Argentina is not applicable, insofar as the
Court has not been asked to review an economic policy of the government.
44.
Therefore, the Court rejects the preliminary objection of lack of jurisdiction ratione
materiae of the Court to consider arguments concerning the consequences of the
implementation of Law 23.982 of the debt consolidation regime.
C)
“Preliminary Objection regarding the violation of the State of
Argentina’s right to defend itself during the substantiation of the case
before the [Inter-American] Commission”
Arguments of the parties and of the Inter-American Commission
45.
The State argued that during the proceedings before the Commission “its right to
defend itself was violated,” given that the Report on Admissibility “only made reference to
Articles 8, 19, 25 and 1(1) of the Convention” and the Report on Merits concluded that the
State was also responsible for the violation of the right to personal integrity enshrined in
Article 5(1) of the Convention.” In this regard, it noted that “it was deprived [...] of any
possibility of submitting arguments to defend itself with regard to Article 5” of the
Convention, and that “the circumstance that the facts comprising the alleged violation were
analyzed by the Commission in relation [... to] Article 8[,] is not equivalent to the State
having had the opportunity to submit its defense with regard to the right to personal
integrity.” It indicated that “agreeing to proceedings of this nature would give States the
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