given by the Supreme Court of Justice in the case of Casal is sufficient to ensure that
guarantee.” According to the State, “local law and its jurisprudential interpretation are
more than sufficient to ensure compliance in the local jurisdiction with the guarantees of
[Article] 8(2)(h), and therefore with Article 2 of the Convention.”
161. The Court notes that in their brief of final arguments, the representatives alluded
to measure of reparation that had not been requested in their brief containing pleadings
and motions.124 In this regard, the Court reiterates that, according to Article 40(2)(d) of
the Court’s Rules of Procedure, the claims of the representatives, including those relating
to reparations, must be included in the initial pleadings and motions brief. Consequently,
this request is time-barred and it is not appropriate to admit it or include any additional
considerations in this regard.125
162. As to the measures requested by the Commission and by the representatives
regarding the adoption of legislation or other measures, the Court considers that the
issuance of this Judgment and the reparations ordered in this chapter are sufficient and
adequate to remedy the violations suffered by the victims and does not find it necessary
to order additional measures.126
163. Also, regarding the measures requested in relation to the protection of the right to
appeal a judgment, the Court emphasizes that the purpose of its contentious jurisdiction
is not to review national legislation and case law in the abstract.127 Consequently, and
taking into account that the measures requested involve the analysis of legal norms and
alleged legal and jurisprudential developments that were not applied in the case of Mr.
Mohamed128, such as the regulation and judicial enforcement of the appeal in Argentina,
the Court considers that it is not appropriate to issue a ruling on such requests in
ordering reparations in this case. Nevertheless, the Court recalls that Argentina must
comply with its general obligations to respect and ensure that the right to appeal the
decision in accordance with Articles 8(2)(h), 1(1) and 2 of the American Convention and
the parameters indicated by this Court on the matter, both in relation to the norms
governing the system of review and the manner in which it is applied by the judicial
bodies.
E) Compensation for pecuniary and non-pecuniary damages
Arguments of the Commission and of the parties
164. The Commission asked the Court to order the State to “adopt the necessary
measures to ensure that Oscar Alberto Mohamed receives adequate and timely
reparation for the human rights violations set forth in the merits report.”
124
In their final arguments, the representatives requested the following measures that are not included
in their pleadings and motions brief: “[l]egal provision for the formal admissibility of an appeal, by judicial
bodies different from those that issued the appealed judgment”, and, although they had already called for the
amendment of Article 280, they extended their request to have it “annulled” and in addition requested that “its
application be conditioned to cases in which constitutional matters are not discuss[ed] or where the right to
appeal had not been violated”.
125
Cf. Case of Forneron and daughter v. Argentina. Merits, Reparations and Costs. Judgment of April 27,
2012 Series C No. 242, para. 186.
126
Cf. Case of Radilla Pacheco v. Mexico, Preliminary Objections, Merits, Reparations and Costs.
Judgment of 23 de November 2009. Series C No. 209, para. 359, and Case of Uzcátegui et al. v. Venezuela.
Merits and Reparations. Judgment of September 3, 2012 Series C No. 249, para. 260.
127
Cf. Case of Genie Lacayo v. Nicaragua. Preliminary Objections. Judgment of January 27, 1995. Series
C No. 21, para. 50, and Case of Contreras et al. v. El Salvador. Merits, Reparations and Costs. Judgment of
August 31, 2011 Series C No. 232, para. 172.
128
The criminal procedural regimen applied to Mr. Mohamed, which therefore regulated the criminal trial,
was the Code of Criminal Procedure of 1888 (Law 2372) (supra para. 40).
44