16
alleged victim that have no final resolution “[…] due to the constant and recurring
appeals lodged by the interested party".
43.
On October 22, 2003, the Commission issued the Report on Admissibility Nº
76/03, in which it established that the domestic remedies were exhausted the moment
the Court on Constitutional matters denied the writ of amparo, by which Salvador
Chiriboga siblings intended to protect their right of not been expropriated. Moreover, it
was mentioned in such report that the petitioners filed administrative remedies, but that
these were not over, according to the State, due to serious problems afflicting the
administration of justice in Ecuador. Lastly, the Commission pointed out that “[…] the
petitioners [were] not obliged to exhaust the domestic remedies due to the exception
established in Article 46(2)(c) of the American Convention which establishes that this
remedy does not necessarily be exhausted […]” in order to declare the admissibility,
whenever there has been unwarranted delay in rendering a final judgment under
domestic jurisdiction. As a result, the Commission declared the case to be admissible.40
44.
In accordance with the criteria previously mentioned, the arguments of the parties
and the documents forwarded to the Tribunal, in relation to the objection of nonexhaustion of domestic remedies, the Court finds no ground to reexamine the reasoning
of the Inter-American Commission regarding the admissibility of the instant case, since
such reasoning is compatible with the relevant provisions of the Convention.41
45.
The argument related to the unwarranted delay in some of the judicial
proceedings instituted by Salvador Chiriboga siblings and the State shall be analyzed by
the Tribunal when examining the alleged violation of Articles 8 and 25 of the Convention.
46.
Based on the foregoing, the Court denies the preliminary objection of nonexhaustion of domestic remedies raised by the State.
V
COMPETENCE
47.
The Court has jurisdiction over this case in accordance with Articles 62(3) and
63(1) of the American Convention given the fact that Ecuador is a State Party to the
Convention since December 28, 1977 and has accepted the binding jurisdiction of the
Court on July 24, 1984. Therefore, the Tribunal shall now analyze the merits of the case
at hand, in consideration of the decision regarding the preliminary objection (supra para.
40 to 46).
40
Cf. Report on Admissibility N° 76/03 of October 22, 2003 (record of appendixes to the complaint,
Appendix 3, Volume I, p. 642).
41
Cf. Case of the Serrano- Cruz Sisters v. El Salvador. Preliminary Objections. Judgment of November
23, 2004. Series C Nº. 118, para. 141.