said response, the State filed three preliminary objections, namely: i) “[f]ailure to exhaust
domestic remedies”; ii) “[the Court’s] lack of jurisdiction ratione temporis to hear claims
regarding the consequences of the application of Law 23.892 of the debt consolidation
regimen,” and iii) “Violation of the right to defense of the State of Argentina during the
substantiation of the case before the Inter-American Commission.” Likewise, the State
concluded that in this case there are insufficient elements to determine the violation of the
rights or guarantees recognized under the American Convention. Finally, the State
requested that the Court, in a subsidiary manner, “take into account international
parameters and standards set by constant jurisprudence and reject excessive pecuniary
claims.” The State appointed as its Agent the Minister Eduardo Acevedo Díaz, General
Director of Human Rights of the Ministry of Foreign Affairs, International Trade and Worship,
and as deputy agents Alberto Javier Salgado, Director of International Litigation of the
Human Rights Directorate, Ms. Andrea Gualde, International Director of Legal Affairs of the
Secretariat of Human Rights and Ambassador Juan José Arcuri, Ambassador of the Republic
of Argentina in Costa Rica.
8.
Through the Order of November 23, 2011, under the terms of Article 4 of the
Memorandum of Understanding signed between the Inter-American Court and the AIDEF,
the President of the Court declared admissible the application for the Legal Assistance Fund
for the representatives (supra para. 6).8
9.
On December 9 and 10, 2011 the representatives and the Inter-American
Commission presented, respectively, their observations to the preliminary objections filed
by the State. In this regard, both the representatives and the Commission asked the Court
to dismiss these objections.
10.
Through the Order of January 24, 2012, 9 the President of the Court requested
affidavits from one alleged victim, two witnesses and two expert witnesses, which were
submitted on February 13 and 14, 2012. Furthermore, in said Order the President
summoned the parties to a public hearing (infra para. 11) and made determinations
regarding the Legal Assistance Fund (supra para. 8).
11.
The public hearing took place on February 27 and 28, 2012 during the 94th Regular
Period of Sessions of the Court, which took place at its seat.10 The statements of the alleged
victim and three witnesses were received at the hearing, as well as the observations and
closing oral arguments of the Inter-American Commission, the representatives and the State.
During said hearing, and through the Secretariat’s note of March 2, 2012, the Court required
8
Case of Furlan and Family v. Argentina. Victims’ Legal Assistance Fund. Order of the President of the
Inter-American
Court
of
Human
Rights
of
November
23,
2011.
Available
at:
http://www.corteidh.or.cr/docs/Merits_victimas/furlan_fv_11.pdf
9
Cf. Case of Furlan and Family v. Argentina. Order of the President of the Inter-American Court of Human
Rights of January 24, 2012. Available at: http://corteidh.or.cr/docs/asuntos/furlan.pdf
10
The following persons appeared at this hearing: a) for the Inter-American Commission: Rodrigo Escobar Gil,
Commissioner; Elizabeth Abi Mershed, Deputy Executive Secretary, and Karla I. Quintana Osuna, Specialist of the
Executive Secretariat; b) for the representatives: María Fernanda López Puleio, Inter-American Defender; Andrés
Mariño, Inter-American Defender, and Nicolás Javier Ossola, and c) for the State: Javier Salgado, Agent, Director of
International Litigation of the Human Rights Directorate, Argentinean Ministry of Foreign Affairs, Gonzalo Bueno,
Department of International Litigation of the Human Rights Directorate, Argentinean Ministry of Foreign Affairs;
Yanina Berra Rocca, General Department of Legal Counsel, Argentinean Ministry of Foreign Affairs; María Eugenia
Carbone, Coordinator of International Affairs of the National Human Rights Secretariat; Natalia Luterstein, Advisor of
the National Human Rights Secretariat, and Mariángeles Misuraca, Advisor to the National Human Rights Secretariat.
6