95
laws of the state concerned or by this Convention, even though such
violation may have been committed by persons acting in the course of
their official duties.
2.
The State Parties undertake:
a.
to ensure that any person claiming such remedy shall have his
rights determined by the competent authority provided for by the legal
system of the state;
b.
to develop the possibilities of judicial remedy; and
c.
to ensure that the competent authorities shall enforce such
remedies when granted.
183. This Court has previously held that the safeguard of the individual in the face of
the arbitrary exercise of the power of the State is the primary purpose of the
international protection of human rights.206 In this regard, the lack of effective
domestic remedies leaves the person helpless. Article 25(1) of the Convention
establishes, in broad terms, the obligation of States to offer to all persons subject to
their jurisdiction an effective judicial remedy against acts that violate their
fundamental rights.207
184. From this perspective, it has been stated that, in order for a State to be in
compliance with Article 25(1) of the Convention, such remedies must not only exist
as a formality, but they must also be effective,208 which means that a person is to be
afforded a real opportunity to pursue a simple and prompt recourse which, if
applicable, will secure the judicial protection sought from the competent authority.
The Court has repeatedly stated that the existence of these guarantees “represents
one of the basic mainstays, not only of the American Convention, but also of the Rule
of Law itself in a democratic society in the sense set forth in the Convention.”209
185. In previous paragraphs of this Judgment, the Court stated that the State has
failed to guarantee to Mr. Palamara-Iribarne his right to be tried by competent,
independent and impartial tribunals, and violated certain aspects of the right to a fair
trial in the proceedings to which he was a party. Mr. Palamara-Iribarne was removed
from the regular courts and thus deprived of his right to be tried by a competent,
independent, impartial tribunal previously established by law (supra para. 161). As a
result of this, all remedies he filed against the adverse military decisions that
206
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 130; Case of the “Juvenile
Reeducation Institute.” Judgment of September 2, 2004. Series C No. 112, para. 239; and Case of BaenaRicardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para. 78.
207
Cf. Case of the “Mapiripàn Massacre”, supra note 189, para. 195; Case of Acosta-Calderón, supra
note 189, para. 92; and Case of Tibi, supra note 206, para. 130.
208
Cf. Case of Acosta-Calderón, supra note 189, para. 93; Case of Tibi, supra note 206, para. 131;
and Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No. 103, para. 117.
209
Cf. Case of Acosta-Calderón, supra note 189, para. 93; Case of the Serrano-Cruz Sisters, supra
note 5, para. 75; and Case of Tibi, supra note 206, para. 131.
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