merely […] repeat[ed] the reasons it had given in the administrative sphere
concerning the free removal of provisional judges.” Thus, according to the
representatives, “[t]his case reveals that, when an examination of the dispute is
inconvenient, the Venezuelan State understands that the right to effective judicial
protection is limited to merely allowing access to the courts, rather than to the
possibility of a decision on whether a specific decision of the public authorities is
contrary to the law and, in particular, to provide integral reparation and to reestablish the legal situation violated.”
126. For its part, the State indicated that the Judicial Commission, through the
appeal for reconsideration, had offered a response that guaranteed judicial
protection through “a simple and prompt remedy that permitted the reparation of
the juridical situation allegedly violated by the Administration.” In addition,
according to the State, “the alleged victim made use of the judicial remedies” to
contest the decision annulling her appointment as a temporary judge. Hence, the
State underscored that “it is not a question of the inexistence of procedural means
to claim the right allegedly affected, but rather [of] the absence of legal arguments
for the court to grant the appeal for annulment in favor of the appellant.” Thus, the
State concluded that, “the existence of procedural remedies does not imply per se
that appellants must obtain a favorable result.” Lastly, the State reiterated that
“the alleged victim could have exercised the remedy of constitutional review […];
however, at no point did she do this.”
5.2.
Considerations of the Court
127. The Court has indicated that Article 25(1) of the Convention establishes the
obligation of the States Parties to guarantee to all persons subject to their
jurisdiction an effective judicial remedy against acts that that violate their
fundamental rights.160 This effectiveness supposes that, in addition to the formal
existence of the remedies, these achieve results or responses to the violations of
the rights contemplated in the Convention, the Constitution or law.161 In this
regard, those remedies that, owing to the general conditions of the country or even
the specific circumstances of a given case, turn out to be illusory cannot be
considered effective. This can be the case, for example, when their ineffectiveness
has been revealed in practice, because of the absence of the means for executing
their decisions or due to any other situation constituting a context of denial of
justice.162 Thus, the proceeding must be designed to implement the protection of
the right recognized in the judicial decision by the appropriate execution of that
ruling.163
160
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra note 14, para. 91;
Case of Rosendo Cantú et al. v. Mexico, supra note 34, para. 164, and Case of Cabrera García and
Montiel Flores v. Mexico, supra note 13, para. 141.
161
Cf. Case of the Constitutional Court v. Peru. Merits, reparations and costs. supra note 121,
para. 90; Case of Reverón Trujillo v. Venezuela, supra note 12, para. 59; Case of Barreto Leiva v.
Venezuela, supra note 158, para. 101, and see also, Judicial Guarantees in States of Emergency (Arts.
27.2, 25 and 8 American Convention on Human Rights), supra note 148, para. 23.
162
Cf. Case of Ivcher Bronstein v. Peru. Merits, reparations and costs. Judgment of February 6,
2001. Series C No. 74, para. 137; Case of Acevedo Jaramillo et al. para. 213, and Case of Acevedo
Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of July 1, 2009. Series C No. 198, para. 69.
163
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003.
Series C No. 104, para. 73; Case of Acevedo Jaramillo et al. v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of February 7, 2006. Series C No. 144, para. 213, and Case of Acevedo
Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Peru, supra note
27, para. 69.
40
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