before the Inter-American Commission. It also underscored that the Court did not have
jurisdiction to rule on discrepancies between the parties on the assessment of the evidence
or the application of domestic law unless this concerned matters relating to compliance with
the State’s international human rights obligations. It asked the Court to “assess the amparo
proceedings in order to verify that it was held with full respect for the guarantees of due
process, providing Mr. Cordero Bernal with the opportunity to appeal the judicial decisions
against him and thereby obtain a ruling from the highest constitutional court in Peru; namely,
the Constitutional Court.”
16.
The Commission recalled that, in this case, a series of violations of due process and
the principle of legality had been alleged in the proceedings that culminated in the presumed
victim’s dismissal from office. In other words, the case did not refer to disagreements with
domestic decisions. It also considered that the analysis of the reasons that led to the
determination of the violations indicated in its Merits Report corresponded to the merits of the
matter and could never be decided by a preliminary objection.
17.
The representatives asked the Court to reject the preliminary objection filed by the
State outright because it was without merit. In this regard, they indicated that the InterAmerican Court had the authority to oversee whether the decisions of the domestic
administration of justice were in keeping with the duties and obligations described in the
American Convention.
A.2. Considerations of the Court
18.
The Court has indicated that determination of whether the actions of judicial bodies
constitute a violation of a State’s international obligations may lead to the Court having to
examine the respective domestic proceedings to establish their compatibility with the
American Convention. However, this Court is not a fourth instance for judicial review, and
does not examine the assessment of the evidence made by the domestic judges.
Consequently, when analyzing the compatibility of the domestic proceedings with the
American Convention, the Court only has competence to decide on the content of judicial
decisions that contravene the Convention in a way that is clearly arbitrary.11
19.
In this specific case, the Court notes that the intention of the Commission and the
presumed victim is not limited to a review of the rulings of the domestic courts owing to a
possible error in the assessment of the evidence, the determination of the facts or the
application of domestic law. To the contrary, it is alleged that various rights recognized in the
American Convention have been violated in the context of the decisions taken by the domestic
authorities, in both the administrative and the judicial jurisdictions. Accordingly, in order to
determine whether the said violations truly occurred, it is essential to examine the decisions
issued by the different administrative and judicial authorities to determine their compatibility
with the State’s international obligations, which, ultimately, constitutes a matter relating to
the merits that cannot be decided by a preliminary objection. Consequently, the Court
declares the preliminary objection presented by the State inadmissible.
V
EVIDENCE
A. Admissibility of the documentary evidence
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 222, and Case of Casa Nina v. Peru. Preliminary objections, merits, reparations and
costs. Judgment of November 24, 2020. Series C No. 419, para. 20.
11
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