specific response to the Court’s request for information, or to the information provided by
the representatives concerning the four proceedings they had filed, but merely forwarded
the very general information provided by the provincial authorities. Indeed, in its response,
Argentina stated that “diverse measures have been taken by the province,” without
describing the supposed measures. It added that “the conduct of the provincial officials was
evaluated,” without indicating the form of the supposed “evaluation,” the authority that had
conducted it, the procedure used, or which official or officials had been “evaluated.”
Similarly, it continued its response indicating that “several of the officials involved no longer
belong to the Judiciary,” without informing the Court who those officials were. Lastly, the
State referred to the supposed access to justice of the victims, which bears no relationship
to the Court’s request for information; also, it did not explain the “significant progress”
made in the legislative aspect related to the Court’s request for information.
172. In previous cases, faced with specific violations, the Court has established that the
State must file, as appropriate, disciplinary, administrative or criminal actions in accordance
with domestic law, against those responsible for the different procedural and investigative
irregularities. 119 In view of the absence of information and exactitude in Argentina’s
response, the Court orders that, as of notification of this Judgment and within a reasonable
time, the State must verify, in accordance with the pertinent disciplinary norms, whether
the conduct of the public officials indicated by the representatives (supra para. 169), who
intervened in the different domestic proceedings, was in conformity with the law and, as
appropriate, establish the corresponding responsibilities under the law, forwarding the Court
detailed and individualized information on the results of the investigations conducted,
together with supporting documentation.
2.2
Adaptation of domestic law
173. The Commission asked the Court to order the State to adopt the necessary
legislative or other measures to prevent and punish the sale of children, in order to fulfill its
obligations under the American Convention.
174. The representatives requested this measure of reparation in similar terms to those of
the Inter-American Commission.
175. The State did not refer specifically to this claim for reparation. However, it forwarded
the information on the adaptation of its domestic criminal law that had been requested by
the Court when this was time-barred (supra paras. 7 and 12).
176. In this case, the Court has concluded that the State failed to comply with its
obligation to adopt provisions of domestic law by not using all means, including the criminal
jurisdiction, to prevent the “sale” of a child, for any purpose or in any form, in accordance
with the obligation established in Article 2 of the American Convention, in relation to Articles
19, 8(1) and 25(1) and 1(1) of this instrument to the detriment of Mr. Fornerón and his
daughter M (supra para. 144).
177
Consequently, based on the obligation derived from Article 2 of the American
Convention, in relation to Article 19 of this instrument, the State must adopt the necessary
measures to criminalize the “sale” of children, so that the act of surrendering a child in
exchange for remuneration or any other compensation, for any purpose or in any form, is a
119
Cf. Case of the Dos Erres Massacre, v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 233(d), and Case of Rosendo Cantú et al. v. Mexico.
Preliminary objection, merits, reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 214.
47
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