•
To annul the criminal convictions imposed on Carlos Mémoli and Pablo Carlos Mémoli and all the
consequences arising from them;
•
To lift immediately the general injunction on the property of Carlos and Pablo Carlos Mémoli;
•
To adopt all the measures required to decide the civil case against Carlos and Pablo Carlos Mémoli
promptly and impartially, safeguarding the rights recognized in the American Convention;
•
To provide compensation to Carlos and Pablo Carlos Mémoli for the pecuniary and non-pecuniary
damage caused, and
•
To adopt the measures necessary to prevent the repetition of similar situations as regards the
disproportionate duration of civil proceeding and precautionary measures in the above-mentioned
conditions.
d) Notification to the State. The Merits Report was notified to the State on August 3,
2011, granting it two months to provide information on compliance with the
recommendations. In view of requests made by Argentina and its express waiver of
filing preliminary objections in relation to the time frame established in Article 51(1)
of the American Convention, the Commission granted the State an extension to
adopt the corresponding measures. Once the initial time frame and the extension
had expired, the State presented a report on the measures adopted to comply with
the recommendations made in the Merits Report on November 28, 2011. 3
e) Submission to the Court. The Commission decided that it would submit this case to
the Inter-American Court “owing to the need to obtain justice for the [presumed]
victims.” The Commission appointed the Executive Secretary at the time, Santiago
A. Canton, and the Special Rapporteur for Freedom of Expression, Catalina Botero,
as delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia
Serrano Guzmán, María Claudia Pulido and Michael Camilleri, lawyers of the
Executive Secretariat, as legal advisers.
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 the rights recognized in Articles 8(1) and 13 of the
American Convention, in relation to the general obligations established in Articles 1(1) and 2
of this treaty, to the detriment of Carlos and Pablo Carlos Mémoli. In addition, the
Commission asked the Court to order the State to provide certain measures of reparation that
will be described and examined in Chapter X of this Judgment.
II
PROCEEDINGS BEFORE THE COURT
3
The State indicated, regarding the recommendation to annul the criminal conviction, that “Argentina has
amended the regime for honor crimes, of which Messrs. Mémoli were convicted, [so that] it should be noted that the
complainants have a procedural mechanism within the regular domestic legal system to achieve effective compliance
with the recommendation.” In this regard, it indicated that “an appeal for review [was] appropriate” and noted that a
special appeal filed by Messrs. Mémoli was pending. Regarding “the recommendation concerning the status of the civil
action and the alleged ‘disproportionate duration’ of [the] civil proceeding and precautionary measure,” the State
indicated that “both the provincial authorities and the national Human Rights Secretariat [had] stressed the
importance of expediting the issue of a reminder to the judges that they should adjudicate the pertinent conducts in
order to respond to the situation.” Lastly, regarding the recommendation to lift the general injunction on the property,
the State indicated that “the issue of this order […] depends on the activity of the complainants.” Cf. The State’s brief
of November 28, 2011 (file of annexes to the final written arguments of the representatives, folios 3526 to 3529).
5