-711. Final written arguments and observations. On March 3, 2015, the parties and the Commission
presented their final written arguments and observations, respectively. Together with their final
written arguments the parties presented some of the information, explanations, and useful evidence
requested by the judges of this Court (supra para. 9), as well as certain documentation. On March
6, 2015, the Court’s Secretariat, at the request of the President, asked the parties and the
Commission to submit any observations they deemed pertinent on the said documentation.
12. Useful information and evidence, and supervening evidence on expenses. On July 20 and 23,
2015, the President of the Court asked the State to present useful information and evidence. The
State submitted this information and documentation on August 7, 2015.
13. Observations on the useful information and evidence, and the supervening evidence on
expenses. On March 13, 18 and 25, 2015, the State and the representatives presented their
observations on the documentation presented by the other party together with their final written
arguments. On August 19 and 21, 2015, the representatives and the Commission presented their
observations on the information and documentation submitted by the State on August 7, 2015.
14.
Deliberation of this case. The Court began deliberating this judgment on September 28, 2015.
III
JURISDICTION
15. The Court is competent to hear this case pursuant to Article 62(3) of the Convention, because
Honduras has been a State Party to the American Convention since September 8, 1977, and
accepted the contentious jurisdiction of the Court on September 9, 1981.
IV
PRELIMINARY OBJECTION
ALLEGED FAILURE TO EXHAUST DOMESTIC REMEDIES
A. Arguments of the State and observations of the representatives and the
Commission
16. The State argued that neither the contentious administrative action nor the application for
amparo had been exhausted. Regarding the contentious administrative action, it indicated that,
according to the law, this remedy is able to examine “[t]he execution of decisions adopted under
the Judicial Service Act aimed at reimbursements or payment of compensation.”5 Regarding the
application for amparo (constitutional protection), it asserted that article 183 of the Constitution, as
well as the Constitutional Justice Act recognized the guarantee of amparo, thereby tacitly annulling
article 31 of the rules of procedure of the Judicial Service Council.
17. The Commission reiterated that, “in the first place, the Convention attribute[d] decisions
concerning admissibility” to the Commission, so that “the content of admissibility decisions […]
should not be re-examined at subsequent stages of the proceedings.” It indicated that, “in principle,
and in the absence of exceptional circumstances, it was incumbent on the Court to defer to the
decisions taken by the [Commission] in this regard.” It stressed that the argument of failure to
exhaust the contentious administrative action was time-barred. Furthermore, it indicated that the
Council’s decision could not be contest according to article 31 of the rules of procedure of the
Judicial Service Council. Lastly, it indicated that, in the Admissibility Report, it had established that
5
In this regard, it cited article 3(c) of the Contentious Administrative Jurisdiction Act. Cf. Contentious Administrative
Jurisdiction Act (evidence file, folios 6972 to 6981).