167. The Court recalls that, in this case, in December 1997, a civil suit for damages was
filed against Messrs. Mémoli, in which, after more than 15 years, the first instance decision
has not yet been delivered (supra paras. 95 to 108). Furthermore, prior to the opening of this
proceeding, a precautionary measure of an injunction against the sale or encumbrance of
property had been decreed against Messrs. Mémoli in order to ensure any eventual payment
that might result from the civil proceeding, so that this measure has been in force for over 17
years (supra paras. 109 to 112).
168. Based on these facts and on the arguments of the parties and of the Commission, in
this case the Court will analyze whether the civil proceeding for damages filed against the
presumed victims met the requirement of a reasonable time in accordance with Article 8(1) of
the Convention, and whether the general injunction on property decreed in relation to that
proceeding constituted a violation of the right to property recognized in Article 21 of the
Convention.
169. Regarding the right to property, the Court reiterates that the representatives may cite
the violation of rights other than those alleged by the Commission (supra para. 153).
170. The Court also recalls that, in its case law, it has developed a broad concept of
property, which covers, among other matters, the use and enjoyment of property defined as
goods that can be acquired, as well as any right that may form part of an individual’s capital
wealth. This concept includes all movable and immovable property, corporal and incorporeal
elements, and any other immaterial object that may have a value. 277 In addition, it is
necessary to repeat that the right to property is not absolute and, in this sense, it may be
subject to restrictions and limitations, 278 provided that these are carried out using the
appropriate legal mechanisms and in accordance with the parameters established in the said
Article 21. 279 This Court has established that, when examining a possible violation of the right
to property, it should not restrict itself to merely examining whether a formal expropriation or
dispossession occurred, but also verify, over and above appearances, the real situation behind
the situation denounced. 280
171. Regarding the alleged violation of a reasonable time in the civil proceeding, the Court
has indicated that all the organs that exercise functions of a jurisdictional nature, whether
criminal or not, have the obligation to take decisions based on full respect for the guarantees
of due process established in Article 8 of the American Convention. 281 Furthermore, the Court
emphasizes that, in this case, contrary to others analyzed by the Court, the State is not a
party to the judicial proceedings and the presumed victims are the respondents and not the
complainants in it; consequently in this chapter, the Court will examine the actions of the
State in the exercise of its jurisdictional function within a reasonable time, in the context of
the dispute between two individuals that was submitted to its consideration. In this regard, in
its case law, the Court has established that the right of access to justice must ensure the
determination of the rights of the individual within a reasonable time. In principle, the
277
Cf. Case of Ivcher Bronstein v. Peru. Merits, reparations and costs. Judgment of February 6, 2001. Series
C No. 74, para. 122, and Case of the Santo Domingo Massacre v. Colombia, supra, para. 269.
278
Cf. Case of Ivcher Bronstein v. Peru, supra, para.128, and Case of Furlan and family members v.
Argentina, supra, para. 220.
279
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary objection and merits. Judgment of May 6, 2008.
Series C No. 179, para. 54, and Case of Furlan and family members v. Argentina, supra, para. 220.
280
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 124.
281
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 104, and Case of López Mendoza v. Venezuela, supra,
para. 111.
63
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