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INTRODUCTION OF THE CASE AND THE CAUSE OF ACTION
1.
The case submitted to the Court. – On February 25, 2021, the Inter-American Commission
on Human Rights (hereinafter “the Commission”) submitted to the Inter-American Court the
Cristina Brítez Arce and family v. Argentina case. According to the Commission, the case concerns
the alleged international responsibility of Argentina (hereinafter also “the State”) for acts related
to the death of Cristina Brítez Arce and for the lack of due diligence and the violation of a
reasonable period of the investigation and of the judicial proceedings concerning the matter. The
alleged victim was nine months pregnant. On June 1, 1992, she went to the Ramon Sardá Public
Hospital of Buenos Aires (hereinafter “the Sardá Hospital”) where she was given an ultrasound
scan that indicated a dead fetus and, thus, labor was induced in order to deliver the still-born
child. According to the death certificate, Ms. Brítez Arce died that day from “non-traumatic
cardiopulmonary arrest.” The Commission found that the State was internationally responsible
for violating the rights to life, personal integrity and health established in Articles 4(1), 5(1) and
26 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment of
Ms. Brítez Arce. It also found that the State was responsible for violating the rights to a fair trial
(judicial guarantees) and to judicial protection recognized in Articles 8(1) and 25(1) of the
American Convention, read in conjunction with Article 1(1) thereof, and of Article 7 of the InterAmerican Convention on the Prevention, Punishment and Eradication of Violence against Women
(hereinafter “the Convention of Belém do Pará”), the latter of which, as of the date of ratification
by Argentina, to the detriment of the family members of Ms. Brítez Arce identified in the Report
on the Merits (hereinafter also “Merits Report”). Finally, the Commission found the State
responsible for violating the right to personal integrity, set forth in Article 5(1) of the Convention,
read in conjunction with Article 1(1) thereof, to the detriment of Ezequiel Martín Avaro and Vanina
Verónica Avaro, children of Ms. Brítez Arce who were minors at the time of the death of their
mother.
2.
Procedure before the Commission.
a. Petition. – On April 20, 2001, Ezequiel Martín Avaro and Vanina Verónica Avaro lodged
a petition before the Commission.
b. Admissibility Report. – On July 28, 2015, the Commission issued Report 46/15, in which
it declared the case admissible. On October 1, 2015, that Report was notified to the
parties.
c. Report on the Merits. – On December 6, 2019, the Commission adopted its Report on
the Merits (No. 236/19), pursuant to Article 50 of the Convention.
d. Notification to the State. – On February 25, 2020, the Commission notified the Merits
Report to the State, granting it a period of two months to inform on its compliance with
the recommendations contained therein. The Commission later granted three
extensions to the State to comply with the recommendations.
3.
Submission to the Court. – On February 25, 2021, the Commission submitted to the Court
the acts and omissions of the State identified in its Merits Report “due to the need to obtain justice
for the victims, as well as with respect to their position regarding the submission of the case to
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