activity of the interested party; (iii) the conduct of the judicial authorities; and (iv) the adverse
effect on the legal situation of the alleged victim. 51 The Court recalls that the State is
responsible for justifying—based on the above indicated criteria—the time taken to deal with
cases, and where it fails to do so, the Court has broad authority to conduct its own
assessment. 52
47. In order to establish whether the guarantee of a reasonable period of time was violated
in this case, the Court must first analyze the total duration of the proceedings. In this regard,
it finds that the writ of amparo was filed on February 21, 1990, while the payout of what was
due was made on March 4, 2011. This means the process had a total duration of more than
21 years. Article 43 of the National Constitution of the Argentine Republic states that "[e]very
person may file an expeditious and swift writ of amparo—provided that there is no other
more suitable judicial remedy—against any act or omission of public authorities or private
individuals that actually or imminently infringes upon, restricts, violates, or threatens—in a
clearly arbitrary or illegal way—the rights and guarantees recognized by this Constitution, by
a treaty, or by a law [...]” (emphasis added). In spite of this, Mr. Boleso did not obtain a first
final ruling until August 4, 1997—that is, seven years after the writ of amparo was filed—
when the Superior Court of Justice rejected the Federal Extraordinary Appeal filed by the
Province of Corrientes. In addition, five years elapsed between the filing of the Federal
Extraordinary Appeal and the decision, during which time there is no evidence of procedural
activity other than the requests to expedite filed by the alleged victim's attorney(supra para.
32). Additionally, the Court notes that more than two years elapsed between the time when
Mr. Boleso opened the administrative case file for collecting what was owed and the time of
payment, and that during that time, there is no evidence of procedural activity other than the
requests to expedite filed by the alleged victim's attorney.
48. Second, with respect to elements that would allow for analysis of a violation of a
reasonable period of time, as regards the complexity of the matter, the Court finds that the
operational difficulties resulting from the requirement of appointing associate judges do not
justify a delay of more than 21 years. The Court also notes that throughout the proceedings,
there were periods of inactivity that were not justified by the State and during which Mr.
Boleso presented several requests for expedited processing that were not granted(supra
paras. 32 and 36). This has to do with the procedural activity of the interested party, which
in this case was aimed at moving the proceedings forward. In this sense, there is no evidence
that Mr. Boleso’s conduct was aimed at delaying the proceedings; on the contrary, the
requests made demonstrate his interest in obtaining a prompt response. Regarding the
conduct of judicial authorities, there is no evidence that it was intended to delay the process;
however, it did not reflect an interest on the part of the administration of justice in resolving
the matter in a swift and expeditious manner, as required by the Constitution. Lastly, the
Court finds that the delay in the decision caused harm to Mr. Boleso’s net worth and affected
his right to property, as will be analyzed in the following section(infra paras. 53 to 56).
49. Additionally, the Court does not have the information needed to analyze the
representative’s arguments regarding the violation of the right to judicial guarantees in
relation to the principles of suitability, jurisdiction, and judicial independence in connection
with the appointment of the associate judge who ruled on the writ of amparo in the lower
court, as well as in relation to the composition of the STJC when it issued decision 302 of
2000, nor with regard to the violation of the prohibition of discrimination on the grounds that
51
Cf. Case of Genie Lacayo v. Nicaragua. Merits, Reparations, and Costs. Judgment of January 29, 1997.
Series C No. 30, para. 78; and Case of Olivera Fuentes v. Peru, supra, para. 126.
52
Cf. Case of Anzulado Castro v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
September 22, 2009. Series C No. 202, para. 156, and Case of Olivera Fuentes v. Peru, supra, para. 126.
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