that the briefs containing these statements were forwarded to the State57 during the
admissibility stage before the Commission.
57.
The Court further notes that the Inter-American Commission had full access to the
court file after the Report on Admissibility was issued,58 when it was forwarded by the State,
and therefore it was not until that time that the Commission had all the evidence to
establish the specific facts of this case.
58.
Regarding the arguments presented by the State, according to which the Court had
already established in the judgment of the case of Grande v. Argentina that the application
of the iura novit curia principle by the Commission would be inadmissible. The Court recalls
that in that case, the preliminary objection of the violation of the State’s right to defend
itself was admitted, “due to the change of the purpose of the petition in the Report on
Admissibility and the subsequent application by the Commission of the procedural preclusion
of the State's claims regarding the admissibility requirements in the Report on Merits, the
Commission omitted verifying the eligibility requirement set out in Article 46(1)(b) of the
Convention regarding criminal proceedings,” 59 in other words, the requirement that the
initial petition must be “lodged within a period of six months from the date on which the
party alleging violation to his rights was notified of the final judgment.” In addition, this
case included reference to facts that were outside the Court’s temporal jurisdiction and
involved two different proceedings (one criminal and one administrative). Therefore, the
Court finds no link between the ruling in the case cited by the State and the present case.
59.
Consequently, the Court concludes that the State was aware of the facts supporting
the alleged violation of Article 5 of the Convention to the detriment of Sebastián Furlan and
his family from the outset of the proceedings before the Commission, and could therefore
have expressed its position, had it considered it pertinent. In this sense, the Commission
could apply the iura novit curia principle or consider another classification of the same facts,
without this implying a violation of the State of Argentina’s right to defend itself.
60.
Based on the foregoing, the Court dismisses the preliminary objection of violation of
the right to defend itself in the proceedings before the Inter-American Commission filed by
the State of Argentina.
IV
JURISDICTION
61.
The Inter-American Court has jurisdiction to hear this case, under the terms of
Article 62(3) of the American Convention on Human Rights, given that Argentina is a State
Party to the Convention60 since September 5, 1984 and accepted the contentious
jurisdiction of the Court on that same date.
57
Communication of the Inter-American Commission of December 16, 2002 (file of appendices to the Report
on Merits, volume IV, page 1830).
58
Communication of the Inter-American Commission of July 17, 2008 (file of appendices to the Report on
Merits, volume III, page 1393) and Communication received from the Permanent Mission of the Argentine Republic
before the OAS of February 23, 2009 (file of appendices to the Report on Merits, volume III, page 1315).
59
Cf. Case of Grande v. Argentina, para. 61
60
The Court has already referred to the reservation made by the State of Argentina to Article 21 of the
American Convention (supra paras. 36 to 44).
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