law, and that the State “should have provided [M] with special measures of protection”
owing to her condition as a child. They added that the legal guardianship proceedings
exceeded a reasonable time and stated that the judge in charge of the case acted “with
wrongful intent,” systematically obstructing the actions of Mr. Fornerón and his mother.
They added that the proceeding on visiting rights “repeated the arbitrariness and inaction of
the courts of Entre Ríos,” affirming that “[t]he claim has lasted more than 10 years and
again it is the passage of time, according to the agents of justice, that has prevent[ed] the
meeting between [M] and her father.” Mr. Fornerón’s claim “was never heard, which has
prevented him from having real access to justice.” In all the judicial proceedings in which
the rights of M and Mr. Fornerón should have been protected, “the judges failed to respect
due process and, thus, delayed in an arbitrary and unjustified manner, their decisions in
order to let time pass, which caused and continues to cause their separation, violating
Articles 8, 25 and 19 of [the Convention].”65
62.
The State indicated that both the Secretariat for Children and the Family, and two
Ministers of Justice and Human Rights of the Nations had ruled on the failure of the judicial
authorities to observe the provisions of the Constitution and international human rights
treaties with constitutional rank (supra paras. 55 to 57). Despite this, regarding the
proceedings on the visiting regime, Argentina indicated that the case file “revealed sporadic
presentations by the representatives of [Mr.] Fornerón and several briefs confuse the
purpose of the [litis], because they refer to ‘return’ when, in reality, what was being
processed was a visiting regime.” It added that to protect the rights of Mr. Fornerón, the
Minister of Justice had asked the National Director for Legal Affairs in the area of Human
Rights to appear formally in the case, so that he could be present in the interview between
the child’s psychologist, proposed by the couple B-Z, and the biological father. The judge in
charge of the case denied this request, “because the applicant lacked legal standing, but
fundamentally owing to the inflexibility of the position assumed by Mr. Fornerón,” which the
State emphasized because “the brief [… of Mr.] Fornerón’s representatives questioned why
the State had not appealed this refusal, as if, should the State have done so, which was not
viable procedurally, the answer would have been different.”
63.
In addition, the State referred to the “gradual re-connection” process initiated at the
request of the Minister of Justice and Human Rights in 2008, whose intervention led to
several measures at the domestic level. The provincial prosecutor considered that it was not
feasible for the Provincial Executive to file judicial proceedings to revoke the adoption
because the respective procedural time frames had expired. Argentina stressed that “Mr.
Fornerón’s lawyer […] declined […] to file the respective complaint, which could have
avoided reaching this level.” It added that the complexity of the case stems from the fact
that “the biological father is claiming the return of his daughter at the international level,
[but] at the domestic level, when the judicial proceedings on guardianship for the purpose
of adoption were processed, the decision that was finally adopted by the court concerned
was not contested at all domestic levels.”
64.
Lastly, the State indicated that, in the context of the Executive’s attempts to achieve
a rapprochement, there were several stages. During the said process, “the Ministry of
Justice made available technical, psychological and legal teams to monitor [this, up until the
last] stage that began in 2010 when, owing to the absence of effective communication, the
Executive insisted in its efforts with the province of Entre Ríos and, within that framework,
the province intervened to achieve or to try and achieve a rapprochement between father
65
In their brief with final arguments, the representatives referred to specific irregularities in which the judge
of the case incurred concerning the precautionary measures requested by the prosecutor. This affirmation
corresponds to a new argument that was not mentioned previously during the proceedings before the Court.
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