of the judicial decision to effectively collect the compensation in the instant case is part of
the proceedings297 and shall be taken into account to analyze the reasonable term.
152. Based on the foregoing, the period that will be analyzed in the instant case starts on
December 18, 1990 and ends on March 12, 2003, in other words, approximately 12 years
and three months. Having determined the duration of the proceedings, the Court will apply
the reasonable term assessment, analyzing four elements that the case law has established
to determine the reasonableness of the length of time of the proceeding: a) the complexity
of the matter; b) the procedural activity of the interested party; c) the conduct of the judicial
authorities,298 and d) adverse effect of the duration of proceedings on the judicial situation of
the interested party.299
C.2) Complexity of the matter
Arguments of the parties and of the Inter-American Commission
153. With respect to the first element, namely, the complexity of the matter, the
Commission noted that the case “does not involve a high degree of complexity, inasmuch as
it is a civil suit for damages, wherein the only thing to be determined was: i) “whether the
damages occurred; ii) whether that act can be attributed to the State, and iii) once
responsibility is ascribed, proceed to execute the judgment.” It added that “the purpose of
the civil proceedings that were brought was to determine whether a State entity was
responsible or not for damages done to one person.”
154. The representatives indicated that “the suit for damages was not very complex, since
it was only necessary to determine that damages had occurred, and to establish whether
those damages were attributable to the State.” In addition, “the evidence offered and
produced was not complex either,” insofar as “it was only necessary to perform two medical
assessments on Sebastián [Furlan] and receive the statements of witnesses to the facts.”
155. The State did not refer specifically to the issue of complexity of the matter in the
instant case.
Considerations of the Court
156.
This Court has taken into account several criteria to determine the complexity of
297
In this regard, see ECHR, Case of Immobiliare Saffi v. Italy, (No. 22774/93), G.C. Judgment of 28 July
1999, para. 63. In this Case the European Court ruled on the reasonable term of judicial proceedings aimed at
recovering ownership of a leased building. The company Immobiliare Saffi, owner of the building where the lessee
refused to leave in spite of numerous attempts, claimed that the judicial agents were unable to enforce the order,
and it only recovered ownership when the lessee passed away. In this case, the Court concluded that: “In any
event, the Court recalls that the right to a court would be illusory if a Contracting State's domestic legal system
allowed a final, binding judicial decision to remain inoperative to the detriment of one party. It would be
inconceivable that Article 6 § 1 should describe in detail procedural guarantees afforded to litigants – proceedings
that are fair, public and expeditious – without protecting the implementation of judicial decisions” and that the
“[e]xecution of a judgment given by any court must therefore be regarded as an integral part of the “trial” for the
purposes of Article 6.” )
298
Cf. Case of Genie Lacayo v. Nicaragua. Merits, Reparations and Costs. Judgment of January 29, 1997.
Series C No. 30, para. 77, and Case of Díaz Peña v. Venezuela. Preliminary Objection, Merits, Reparations and
Costs. Judgment of June 26, 2012. Series C No. 244, para. 49.
299
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November 27,
2008. Series C No. 192, para. 155, and Case of Díaz Peña v. Venezuela, para. 49.
51
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