possibility of filing preliminary objects with regard to the time frame established in Article
5(1) of the American Convention, the Commission granted three extensions so that the
State could adopt the corresponding measures.
e. Submission to the Court. Once the above-mentioned time frame and the extensions
had expired, the Commission submitted the instant case to the Inter-American Court “in
order to obtain justice for the victims owing to the Argentine State’s failure to make any
substantial progress in complying with the recommendations.” The Commission appointed
Commissioner Luz Patricia Mejía and then Executive Secretary, Santiago A. Canton, as
delegates, and Deputy Executive Secretary Elizabeth Abi-Mershed, and María Claudia Pulido,
Silvia Serrano Guzmán and Andrés Pizarro, Executive Secretariat lawyers, as legal advisors.
3.
Request of the Inter-American Commission. Based on the foregoing, the InterAmerican Commission asked the Court to declare the international responsibility of the
Argentine State for the violation of:
a.
“The rights recognized in Articles 5(1), 5(2), 5(6), 7(3) and 19 of the American
Convention in relation to the obligations established in Articles 1(1) and 2 of the Convention,
to the detriment of César Alberto Mendoza, Claudio David Nuñez, Lucas Matías Mendoza, Saúl
Cristian Roldán Cajal and Ricardo David Videla Fernández”;
b.
“The right recognized in Article 8(2)(h) of the American Convention in relation to the
obligations established in Articles 1(1) and 2 of the Convention, to the detriment of César
Alberto Mendoza, Claudio David Nuñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and
Ricardo David Videla Fernández”;
c.
“The rights recognized in Article 8(2)(d) and (e) of the American Convention in relation
to the obligations established in Articles 1(1) of the Convention, to the detriment of César
Alberto Mendoza and Saúl Cristian Roldán Cajal”;
d.
“[…the] rights recognized in Articles 5(1) and 5(2) of the American Convention in
relation to the obligations established in Article 1(1), to the detriment of Saúl Cristian Roldán
Cajal and Ricardo David Videla Fernández;”
e.
“[… the] rights recognized in Articles 4(1) and 5(1) of the American Convention to the
detriment of Ricardo David Videla Fernández, and 8(1) and 25(1) of the American Convention
to the detriment of his next of kin, all in relation to the obligations established in Article 1(1)
of this instrument”;
f.
“[… the] rights recognized in Articles 5(1), 5(2) and 19 of the American Convention in
relation to the obligations established in Article 1(1), to the detriment of Lucas Matías
Mendoza;”
g.
“[… the] rights recognized in Articles 5(1), 5(2), 8(1) and 25(1) of the American
Convention in relation to the obligations established in Article 1(1) [of this instrument], to the
detriment of Lucas Matías Mendoza and Claudio David Nuñez.” Also, the obligations contained
in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture,” and
h.
“The right recognized in Article 5(1) [of the American Convention] to the detriment of
the next of kin of the victims.”
4.
In addition, the Inter-American Commission asked the Court to order the State to
undertake certain measures of reparation that will be described and analyzed in the
corresponding chapter (infra Chap. XIII).
II
PROCEEDINGS BEFORE THE COURT
8