9.
On May 5, 2011, the representative forwarded the expert opinion of Natalia
Sergi. The same day, the Secretariat informed the State that it had until May 15, 2011,
to present any observations it deemed pertinent. On May 12, 2011, the State
presented some observations on the said expert opinion.
10.
The public hearing took place on May 16, 2011, during the forty-third special
session of the Court held in Panama City, Panama.4
11.
On June 15, 2011, the representatives forwarded their final arguments together
with several attachments and, on June 16, 2011, the State and the Commission
presented their final written arguments. On June 21, 2011, the Secretariat, on the
instructions of the President, granted additional time to the State for the presentation
of the information requested by the Court during the public hearing; this was
forwarded on July 7, 2011. In addition, in the same communication, the parties were
given until July 15, 2011, to present any observations they deemed pertinent, as
appropriate, on the attachments sent by the representative and the State with its
communication of July 7, 2011.
12.
On July 14 and 15, 2011, the State and the representatives, respectively,
presented the observations requested, and the Inter-American Commission submitted
its observations on July 19, 2011. On July 21, 2011, once the parties’ observations had
been reviewed, the Secretariat noted that the State had included in its brief certain
arguments and attachments that had not been requested. And also that, although the
representative and the Commission made some observations on the information and
attachments submitted by the State, they had also presented arguments that had not
been requested. Consequently, on the instructions of the President, the parties were
advised that the said arguments and attachments were inadmissible and that the Court
would not consider them.
III
PRELIMINARY OBJECTIONS
13.
The State filed three preliminary objections, which the Court will analyze in the
following order: (A) “Lack of competence ratione temporis of the Court to hear the
facts set out in the application that occurred before September 5, 1984”; (B) “Violation
of the Argentine State’s right of defense during the examination of the case before the
Inter-American Commission on Human Rights,” and (C) “Failure to exhaust available
domestic remedies.”
14.
In order to consider these preliminary objections, the Court will begin by
referring to the facts alleged by the parties in relation to the actions of the police, and
the conduct of the criminal proceeding against Mr. Grande, and of the administrative
proceeding filed by the latter.
4
There appeared at this hearing: (a) for the Inter-American Commission, Luz Patricia Mejía,
Commissioner, and Karla Quintana Osuna and Silvia Serrano Guzmán, lawyers; (b) for the representatives of
the alleged victim, Petro Patiño-Mayer and Alurralde, and (c) for the State, Alberto Javier Salgado, Director
of International Litigation of the Human Rights Directorate, Deputy Agent, Julia Loreto from the National
Human Rights Secretariat, Pilar Mayoral from the National Human Rights Secretariat, and Ramiro Badia from
the National Human Rights Secretariat.
5