6
20.
On July 2, 2003, under the provisions of Article 35(1) subparagraphs (d) and
(e) of the Rules of Procedure, the Secretariat notified the application to the Center
for Justice and International Law and the Asociación Pro-Búsqueda de Niños y Niñas
Desaparecidos, in their capacity as the original petitioners and representatives of the
alleged victims and their next of kin, and advised them that they had 30 days to
present their brief with requests, arguments and evidence (hereinafter “requests and
arguments brief”).
21.
On July 23, 2003, the State appointed Ricardo Acevedo Peralta as its Agent
and Hugo Carrillo Corleto as its deputy Agent, and advised that it had appointed
Alejandro Montiel Argüello as judge ad hoc.
22.
On September 1, 2003, having requested an extension which the President
granted, the representatives of the alleged victims and their next of kin submitted
their requests and arguments brief. In this brief, they stated that they endorsed
what the Commission had requested in the application and asked the Court to order
certain reparations.
23.
On October 31, 2003, after additional time had been granted, the State
submitted a brief filing preliminary objections, answering the application, and with
observations on the requests and arguments brief. El Salvador filed the following
preliminary objections: 1) “Lack of jurisdiction Ratione temporis,” which it divided
into: “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,” which it dived into: “3(1) Inadmissibility of the application owing to
ambiguity or inconsistency between the object and the plea, and the body of the
text” and “3(2) Inconsistency between the claims of the Inter-American Commission
on Human Rights and those of the representatives of the alleged victims”; and 4)
“Failure to exhaust domestic remedies”; which it divided into: “4(1) Justified delay in
the corresponding decision” and “4(2) Inappropriateness of the remedy of habeas
corpus.”
24.
On November 17, 2003, the Secretariat, under Article 36(4) of the Rules of
Procedure, granted the Commission and the representatives 30 days to present their
written arguments on the preliminary objections filed by the State (supra para. 23).
25.
On December 9, 2003, the Commission requested an extension for the
presentation of the written arguments on the preliminary objections (supra paras. 23
and 24). The same day, on the President’s instructions, the Secretariat granted the
Commission and the representatives the extension requested by the former, until
January 16, 2004.
26.
On January 16, 2004, the Commission submitted its written arguments on the
preliminary objections filed by the State (supra paras. 23, 24 and 25). In this brief,
the Commission requested the Inter-American Court to “reject the four preliminary
objections filed by the State[, …] on the grounds that they lacked either a juridical or
a factual basis.”
27.
On January 16, 2004, the representatives of the alleged victims and their
next of kin submitted their written arguments on the preliminary objections filed by
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