objections pleadings that are or could be such based exclusively on their content and
purpose—that is, if sustained, they would prevent the continuation of the proceeding or a
ruling on the merits. 6 The Court has repeatedly found that preliminary objections raise issues
related to a case’s admissibility or the Court’s jurisdiction to hear a case or an aspect of it,
based on the person in question, the subject matter, the time, or the place. 7 Therefore, if in
analyzing the State's arguments it is necessary to consider the merits, they lose their
preliminary nature and cannot be considered as preliminary objections. 8
18. In this case, the Court notes that the State's argument is that the alleged violations
were remedied before the domestic legal system. However, a decision on this matter concerns
the merits of the judgment and the determination of possible reparations, insofar as it involves
weighing whether the State effectively remedied the alleged violations. The Court
consequently dismisses the preliminary objection.
B. Failure to exhaust domestic remedies with respect to the alleged violations
of the principles of jurisdiction, suitability, and judicial independence
B.1 Arguments of the parties and of the Commission
19. The State filed this objection with respect to the representatives’ allegations that the
State's conduct violated the principles of jurisdiction, suitability, and judicial independence (i)
due to the composition of the Supreme Court of Justice of Corrientes (hereinafter STJC) in
rendering judgment 302 of 2000 and (ii) because the judge who ruled on the amparo in the
lower court did not meet the requirements of suitability and impartiality.
20. The State argues that Mr. Boleso did not file any remedy objecting to the composition
of the STJC when it issued judgment 302 of 2000. Specifically, he did not seek the recusal
any of the judges who were part of it. Regarding the objections to the judge who ruled in the
amparo case in the lower court, it emphasized that at no time during the international
proceedings were his suitability and impartiality questioned, nor were arguments lodged
against him other than disagreements with his judgment. The judge’s recusal was not sought,
nor were remedies brought against any of the decisions to appoint him, swear him in, or
assign him the writ of amparo.
21. The Commission emphasized that the facts called into question by the State are the
outcome of the development of a matter duly admitted by the Commission. In addition, it
argued that all the information was duly sent to the State so that it could present its
observations in due time and form. They were subsequently considered in the Merits Report.
In that sense, if it thought the arguments on judicial independence, impartiality, and
jurisdiction were strong enough to stand on their own, the objection of failure to exhaust
remedies should have been raised when it was notified of the petition. However, the State
never raised this objection, nor did it demonstrate the suitability of the remedies that it claims
should have been exhausted. It therefore argued that the preliminary objection should be
rejected.
Cf. Case of Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment
dated May 26, 2010. Series C No. 213, para. 35, and Case of Aroca Palma et al. v. Ecuador. Preliminary Objections,
Merits, Reparations, and Costs. Judgment of November 8, 2022. Series C No. 471, para. 24.
6
7
Cf. Case of Las Palmeras v. Colombia. Preliminary Objections. Judgment dated February 4, 2000. Series C
No. 67, para. 32, and Case of Aroca Palma et al. v. Ecuador, supra, para. 24.
8
Cf. Case of Castañeda Gutman v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of August 6, 2008. Series C No. 184, para. 39, and Case of Aroca Palma et al. v. Ecuador, supra, para. 24.
6