9
proceedings relating to the processing of individual petitions, according to the terms
of Articles 44 to 51 of the Convention.12 However, one of the Court’s powers is to
monitor the legality of the Commission’s actions in regard to the processing of
matters that are being heard by the Court. 13 This does not necessarily mean
reviewing the proceedings carried out before the Commission, unless there exists a
grave error that violates the right to defense of the parties.14 Lastly, the party that
asserts that the Commission’s actions during the proceedings before it have been
carried out in an irregular manner, which affected the party’s right to defense, must
effectively demonstrate such detriment.15 Consequently, in this respect, a complaint
or a difference of opinion in relation to the actions of the Inter-American Commission
is not sufficient.16
23.
In relation to this aspect, the Commission argued that “despite the fact that
the State indicate[d] not having known the matter at issue that would be discussed at
the hearing, during the hearing the State presented arguments related to the
admissibility of the petition"; thus, said hearing constitutes an additional procedural
opportunity to those already granted by the Commission to the State for the State to
present all its arguments concerning admissibility. For their part, the representatives
did not present specific arguments to this respect.
24.
It is worth recalling that it is neither the Court’s nor the Commission’s task to
identify ex officio the domestic remedies to be exhausted; rather, it is incumbent on
the State to point out, in a timely manner, the domestic remedies which must be
exhausted and to show their effectiveness. It is also not up to the international bodies
to resolve the lack of precision in the allegations of the State,17 which despite having
several procedural opportunities, did not timely raise the objection of non-exhaustion
of domestic remedies.
25.
Furthermore, taking into account the characteristics of the instant case and the
arguments put forward by the parties in this regard, this Tribunal considers that a
preliminary analysis of the availability and/or effectiveness of the writ of habeas
corpus, of the investigations into the alleged acts of torture, or of consular assistance
in the particular circumstances of this case, would implicate an evaluation of the
proceedings conducted by the State in relation to its obligation to respect and
guarantee the rights enshrined in the international treaties, the violation of which is
November 28, 2005. Series A No. 19, Operative Paragraph 1; Case of Manuel Cepeda Vargas v. Colombia.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of May 26, 2010. Series C No. 213, para.
31, and Case of Garibaldi, supra note 9, para. 35.
12
Cf. Control of Legality in the Practice of Authorities of the Inter-American Commission of Human
Rights (Arts. 41 & 44 to 51 of the American Convention on Human Rights), supra note 11, Operative
Paragraph 2; Case of Manuel Cepeda Vargas, supra note 11, para. 31, and Case of Garibaldi, supra note 9,
para. 35.
13
Cf. Control of Legality in the Practice of Authorities of the Inter-American Commission of Human
Rights (Arts. 41 & 44 to 51 of the American Convention on Human Rights), supra note 11, Operative
Paragraph 3; Case of Manuel Cepeda Vargas, supra note 11, para. 31, and Case of Garibaldi, supra note 9,
para. 35.
14
Cf. Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.) v. Peru. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 24, 2006. Series C No. 158, para. 66;
Case of Manuel Cepeda Vargas, supra note 11, para. 31, and Case of Garibaldi, supra note 9, para. 35.
15
Cf. Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.), supra note 14, para.
66; Case of Manuel Cepeda Vargas, supra note 11, para. 31, and Case of Garibaldi, supra note 9, para. 36.
16
Cf. Case of Castañeda Gutman v. United Mexican States. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of August 6, 2008. Series C No. 184, para. 42; Case of Manuel Cepeda
Vargas, supra note 11, para. 31, and Case of Garibaldi, supra note 9, para. 36.
17
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of June 30, 2009. Series C No. 197, para. 23, and Case of Usón Ramírez, supra note 10, para.
22.