-8the application for amparo was ineffective owing to the composition and functional dependence of
the Judicial Service Council.
18. The representatives argued that the filing of the objection regarding the action before the
contentious administrative jurisdiction was time-barred. Regarding the application for amparo, they
indicated that it is exceptional in nature so that “it does not necessarily have to be exhausted.” In
addition, they emphasized that, “in its answer to the initial petition, the State itself had accepted
that [based on article 31 of the rules of procedure of the Judicial Service Council,] there was no
remedy whatsoever against the decisions of the Supreme Court of Justice.” Lastly, they indicated
that the application for amparo was also illusory, because the State Judiciary did not have the
necessary independence to decide this.
B. Considerations of the Court
19. The Convention attributes to the Court full jurisdiction over all matters pertaining to a case
that it is examining, including those of a procedural nature on which the possibility of it exercising
its jurisdiction is based.6 Under Article 61(2) of the Convention, in the exercise of that power, the
Court is not bound by a prior ruling of the Commission, but is authorized to render judgment freely,
based on its own assessment.7
20. Article 46(1)(a) of the Convention stipulates that, admission by the Commission of a petition
or communication lodged in accordance with Articles 44 or 45 shall be subject to the requirement
that the remedies under domestic law have been pursued and exhausted in accordance with
generally recognized principles of international law.8 The rule of the prior exhaustion of domestic
remedies was conceived in the interest of the State, because it seeks to exempt it from responding
before an international organ for acts of which it is accused before having had the opportunity to
remedy them by its own means.9 However, the Court has maintained that an objection to the
exercise of its jurisdiction based on the supposed failure to exhaust domestic remedies must be filed
at the proper procedural moment; that is, during the admissibility procedure before the
Commission.10
21. When arguing the failure to exhaust domestic remedies, the State must, at the same time,
specify the domestic remedies that have yet to be exhausted and prove that those remedies are
available and adequate, appropriate and effective.11 Thus, it is not the task of either the Court or
the Commission to identify ex officio the domestic remedies that remain to be exhausted. The Court
underlines that it is not incumbent on the international organs to rectify any lack of precision in the
6
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C No. 1, para.
29, and Case of Bayarri v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of October 30,
2008. Series C No. 187, para. 20.
7
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra, para. 29.
8
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra, para. 85, and Case of Gonzales Lluy et al.
v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298, para.
27.
9
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 61, and Case of
Wong Ho Wing v. Peru. Preliminary objection, merits, reparations and costs. Judgment of June 30, 2015. Series C No. 297,
para. 27.
10
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra, para. 88, and Case of Gonzales Lluy et al.
v. Ecuador, supra, para. 27.
11
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra, paras. 88 and 91, and Case of Gonzales
Lluy et al. v. Ecuador, supra, para. 31.