5
considered. Hence, amici curiai briefs are an important element for the strengthening of the
Inter-American System of Human Rights, as they reflect the views of members of society
who contribute to the debate and enlarge the evidence available to the Court. Thus, the
Court rejects the objection raised by the State that the brief referred to above was timebarred (supra para. 14). The observations submitted by Argentina regarding the contents of
the amicus curiae briefs will be taken into consideration by the Court when the pertinent
matters are examined.
III
JURISDICTION
17.
The Inter-American Court has jurisdiction to hear the instant case pursuant to Article
62(3) of the Convention, as Argentina has been a State Party to the American Convention
since September 5, 1984, and accepted the contentious jurisdiction of the Court on that
same date.
IV
PARTIAL ACKNOWLEDGMENT OF RESPONSIBILITY BY THE STATE AND PARTIAL WAIVER OF RIGHTS
FILED BY THE REPRESENTATIVES
18.
In its brief containing the answer to the application, the State made an
acknowledgment of responsibility under the following terms:
[Th]e Argentine State has adopted, through all the stages of the proceedings, an attitude of
compromising will aimed at reaching a friendly settlement in the instant case. Such political will has
been reflected on the answers to the applicant’s observations, in the context of which the Honorable
Court ma[y] note that, at no procedural stage of the proceedings brought before the Illustrious
Commission, has the Argentine State submitted any allegations, neither of fact nor of law, which
challenge the alleged violation of the right to freedom of thought and expression to the detriment of
Eduardo Gabriel Kimel. On the contrary, the mere reading of the documents submitted in the instant
case allows inferring the permanent will of the State to recreate the friendly settlement process and
find a satisfactory solution for both parties.
[…]
[Th]e Argentine State agrees with the Illustrious Commission that in the case in point, imposing a
criminal penalty to Eduardo Gabriel Kimel constituted a violation of his right to freedom of thought
and expression as enshrined by Article 13 of the American Convention on Human Rights.
Furthermore, and taking into consideration the elements generally accepted in analyzing and
determining the reasonable duration of a proceeding –the complexity of the case, the diligence of the
judicial authorities, and the procedural steps adopted by the interested party-, the Argentine State
agrees with the Illustrious Commission that Eduardo Gabriel Kimel was not tried within a reasonable
time, as provided by Article 8(1) of the American Convention on Human Rights.
Finally, and bearing in mind that to date the various legislative bills submitted in Congress in order to
amend its domestic criminal legislation on freedom of thought and expression have not been passed,
the Argentine State agrees with the Illustrious Commission that, in the case in point, the lack of
sufficient accuracy in the criminal legislation punishing defamation and preventing the infringement of
the right to freedom of thought and expression entails the State’s failure to comply with the obligation
to adopt domestic measures as provided for in Article 2 of the American Convention on Human Rights.
Therefore, the Argentine State acknowledges its international responsibility and the legal
consequences thereof, in relation to the violation of Article 13 of the American Convention on Human
Rights, regarding the general obligation to respect and ensure rights, as well as to adopt legislative or
other measures as may be necessary to uphold the rights protected, pursuant to Articles 1 (1) and 2
of the Convention [.]
Furthermore, the Argentine State acknowledges its international re[s]ponsibility and the legal
consequences thereof regarding the violation of Article 8(1) of the American Convention, in relation to
Article 1(1) thereof, as Eduardo Gabriel Kimel was not tried within a reasonable time .