2 be admissible. Subsequently, on October 26, 2006 the Commission approved Report on the Merits No. 111/06, under the terms of Article 50 of the Convention, which contained recommendations for the State. Said report was served on the State on November 10, 2006. After considering the information furnished by the parties following the adoption of the report on the merits, and in view of the “lack of substantial progress in the effective compliance with [its recommendations],” the Commission decided to submit the instant case to the jurisdiction of the Court.1 2. In its application, the Commission stated that Eduardo Kimel is a “well-known journalist, writer, and investigative historian,” who has published several books on the political history of Argentina, among them “La Masacre de San Patricio” (the San Patricio Massacre), wherein he described the findings of his research into the murder of five clergymen. In the book the author criticized the handling of the case by the authorities responsible for carrying out the investigation into the massacre, among them a judge. According to the facts described by the Commission, on October 28, 1991, the judge mentioned by Mr. Kimel started criminal proceedings against him for libel, pointing out that “though the defamation of a judge with regard to his actions in the performance of his public duties would amount to contempt of public authority under the terms of Art[icle] 244 of the Criminal Code -which has been repealed-, the specific imputation of a crime that is publicly actionable always constitutes defamation.” Upon the conclusion of the criminal proceedings, Mr. Kimel was sentenced by the Fourth Court of the National Appeals Chamber for Criminal Matters for the crime of libel to one-year imprisonment and payment of $ 20,000.00 (twenty thousand Argentine pesos) as damages. 3. The Commission requested the Court to determine that the State has failed to fulfill its international obligations as a result of the violation of Articles 8 (Right to a Fair Trial) and 13 (Freedom of Thought and Expression) of the American Convention in relation to the general duty to respect and ensure human rights and the obligation to bring domestic law into conformity as set forth in Articles 1(1) and 2 of the American Convention. It further requested that the State be required to adopt reparation measures. 4. On June 23, 2007, Gastón Chillier, Andrea Pochak, Santiago Felgueras, and Alberto Bovino from the CELS, and Liliana Tojo from CEJIL, as representatives of the alleged victim (hereinafter, “the representatives”), filed their brief containing requests, arguments, and evidence (hereinafter, “brief of requests and arguments”), under the terms of Article 23 of the Rules of Procedure. The representatives alleged that the State “has violated the right of individuals to express their ideas through the press and to debate public issues,” as a result of the use of certain criminal descriptions as a means to punish such acts. They added that the judicial guarantees of due process of law and judicial effective protection were not respected. Therefore, they requested that the State be declared responsible for the violation of the rights enshrined in Articles 13, 8(1), 8(2)(h), and 25 of the Convention, all of them in relation to Articles 1(1) and 2 thereof. 5. On August 24, 2007, the State filed its brief containing the answer to the application and its observations on the brief of requests and arguments (hereinafter, the “answer to the application”),2 wherein it “acknowl[edged its] international responsibility” for the violation of Articles 8(1) and 13 of the Convention and made some observations regarding the violation of Article 8(2)(h) of said treaty and the violation of the right to a hearing by an independent and impartial court. 1 The Commission appointed Florentín Meléndez, Commissioner, Santiago A. Canton, Executive Secretary, and Ignacio J. Álvarez, Special Rapporteur on Freedom of Expression, as delegates, and attorneys Elizabeth AbiMershed, Juan Pablo Albán-Alencastro, and Alejandra Gonza as legal counsels. 2 On May 28, 2007, the State appointed Jorge Cardozo as Agent and Javier Salgado as Deputy Agent.

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