argued or, in particular, proved that a possible domestic remedy would be appropriate
and effective; rather, to the contrary, it had acknowledged that the criminal proceedings
remained ongoing.
21. Regarding Igmar Landaeta, the representatives indicated that although there was
no dispute about the fact that the special appeal for annulment had not been exhausted,
the State had not explained how this remedy would be appropriate and effective;
consequently, the Commission had concluded that the exception to the exhaustion of
domestic remedies contained in Article 46(2)(a) of the American Convention was
applicable. The representatives also argued that, alternatively, if the Court should decide
to examine the special appeal for annulment, it did not consist in an appropriate,
adequate and effective remedy for this case because, under Venezuelan law, its sole
purpose was to contest contraventions of the law by judges owing to failure to apply the
law, undue application of the law, or erroneous interpretation of the law; hence, it does
not protect the rights in this case adequately.
B.
Considerations of the Court
22. Article 46(1)(a) of the American Convention stipulates that, in order to determine
that a petition or communication lodged before the Inter-American Commission under
Articles 44 or 45 of the Convention is admissible, the remedies under domestic law must
have been pursued and exhausted in accordance with generally recognized principles of
international law. 11 Nevertheless, this supposes not only that such remedies must exist
formally, but also that they must be adequate and effective, owing to the exceptions
established in Article 46(2) of the Convention. 12
23. In this regard, the Court has indicated in its consistent case law that an objection
to the exercise of its jurisdiction based on the supposed failure to exhaust domestic
remedies must be presented at the appropriate procedural moment; 13 that is, during the
admissibility procedure before the Commission. 14 This interpretation, which the Court
has made of Article 46(1)(a) of the Convention for more than two decades, is in
accordance with international law; 15 accordingly, it is understood that following the said
appropriate procedural moment, the principle of procedural preclusion comes into
effect. 16
24. The rule of the prior exhaustion of domestic remedies was conceived in the interest
of the State, because its intention is to exempt the State from responding before an
international organ for acts attributed to it before it has had the opportunity to remedy
them by its own means. 17 However, for a preliminary objection of failure to exhaust
domestic remedies to be admissible, the State filing this objection must specify the
domestic remedies that have not yet been exhausted, and prove that these remedies
11
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series
C No. 1, para. 85, and Case of Brewer Carías v. Venezuela. Preliminary objections. Judgment of May 26, 2014.
Series C No. 278, para. 83.
12
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
63, and Case of Brewer Carías, supra, para. 83.
13
Cf. Case of Velásquez Rodríguez. Preliminary objections, supra, para. 88, and Case of Brewer Carías,
supra, para. 77.
14
Cf. Case of Velásquez Rodríguez. Preliminary objections, supra, paras. 88 and 89, and Case of Brewer
Carías, supra, para. 77.
15
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment
of June 30, 2009. Series C No. 197, para. 22, and Case of Brewer Carías, supra, para. 84.
16
Cf. Case of Mémoli v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
August 22, 2013. Series C No. 265, para. 47, and Case of Brewer Carías, supra, para. 37.
17
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 61, and Case of Brewer Carías, supra, para. 83.
8