10
requested as helpful evidence (supra para. 42). In this regard, on the instructions of
the President, the Secretariat again asked the State to forward the remaining
documents: (a) copy of any measure taken in this proceeding after September 6,
2004; and (b) all the documentation related to the declaration recognizing the
contentious jurisdiction of the Inter-American Court of Human Rights made by El
Salvador in 1995, including documentation on any discussion that might have arisen
in this regard in the Legislative Assembly or any other State body responsible for
proposing, drafting and adopting this declaration of recognition.
44.
On October 8, 2004, the Inter-American Commission remitted its final written
arguments on preliminary objections and merits, reparation, and costs.
45.
On October 8, 2004, the representatives remitted their final written
arguments on preliminary objections and merits, reparation, and costs.
46.
On October 15, 2004, the State remitted a brief with documentation related
to the declaration of recognition of the contentious jurisdiction of the Inter-American
Court made by the State in 1995, which had been requested as helpful evidence
(supra paras. 42 and 43).
47.
On October 18, 2004, the State submitted a brief with which it remitted a
copy of “Executive Decree No. 45, signed by the President of the Republic and the
Minister of the Interior, creating the ‘Inter-Institutional Commission to seek the
children who disappeared as a result of the armed conflict in El Salvador’”.
V
JURISDICTION
48.
Under the terms of Article 62(3) of the Convention, the Court is competent to
hear the preliminary objections raised by the State in this case, since El Salvador has
been a State Party to the American Convention since June 23, 1978, and recognized
the contentious jurisdiction of the Court on June 6, 1995.
VI
PRELIMINARY OBJECTIONS
49.
In the brief answering the application and with observations on the requests
and arguments brief (supra para. 23), the State filed the following preliminary
objections:
1.
“Lack of jurisdiction rationae temporis”
1(1) “Non-retroactivity of the application of the crime of forced
disappearance of persons”; and
1(2) Lack of jurisdiction owing to the terms in which the State of El
Salvador recognizes the jurisdiction of the Inter-American Court of
Human Rights.”
2.
“Lack of jurisdiction rationae materiae”
3.
“Inadmissibility of the application owing to ambiguity or inconsistency
between the object and the plea, and the body of the text”
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