6
admissibility procedure carried out before the Commission,17 and thus it is understood that
after that opportune procedural moment, the principle of legal estoppel comes into effect;18 in
addition it befalls upon the State, upon arguing the non-exhaustion of domestic remedies, to
note which remedies have not been exhausted and their effectiveness.19 The Inter-American
Court has held that the interpretation given to Article 46(1) of the American Convention for
more than two decades is in conformity with international law.20 The Inter-American Court
has held that the interpretation it has given to article 46.1.a of the American Convention for
more than two decades is in conformity with international law.
22. In this case, we must distinguish between three stages, namely: (i) receipt of the
initial petition of the victim before the Commission (August 22, 2003); (ii) the submission of
the relevant parts of the initial petition to the State (April 18, 2005); and (iii) the
Commission’s Report on Admissibility (March 9, 2007). The Inter-American Court, in its
judgment, considered it reasonable that the petitioner not wait until the issuance of the
judgment of the High Court of Justice of Suriname, being that an adequate remedy to
challenge said decision did not exist and that the victim’s objections had already been
rejected by Interlocutory Resolution of the High Court of Justice of June 12, 2003. 21 If the
Commission had determined the non-exhaustion of domestic remedies prima facie —using
the moment when the petition was filed as the point at which the question of exhaustion
would be evaluated — it would have forgone the opportunity to evaluate the situation, one
which warranted waiting for the issuance of the judgment and subsequently transmitting
the case to the State. It must not be overlooked, as stated in this Judgment, and following
the jurisprudence of the Inter-American Court itself,22 that “it is not the duty of the Court,
or the Commission, to identify ex officio the domestic remedies that have not yet been
exhausted. The Court emphasizes that it is not up to the international bodies to remedy the
imprecision in the State’s arguments.”23
23.
It is true that the principle of prior exhaustion of domestic remedies is designed in
the interest of the State, because it seeks to exempt the latter from responding before an
international body for acts that are attributed to it, before it has had the opportunity to
remedy them by its own means.24 The foregoing is established in the preamble of the
American Convention which establishes that international protection is “reinforcing or
17
Cf. Case of Herrera Ulloa V. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of
July 2, 2004. Series C No. 107, para. 81; and Case of Mémoli V. Argentina. Preliminary Objections, Merits,
Reparations and Costs. Judgment of August 22, 2013. Series C No. 265, para. 47.
18
Case of Mémoli V. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August
22, 2013. Series C No. 265, para. 47.
19
Cf. Case of Velásquez Rodríguez V. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series
C No. 1, paras. 88 and 91; and Case of Mémoli V. Argentina. Preliminary Objections, Merits, Reparations and
Costs. Judgment of August 22, 2013. Series C No. 265,paras. 46 and 47. See also para. 15 of the Judgment.
20
Case of Santo Domingo Massacre V. Colombia. Preliminary Objections, Merits and Reparations. Judgment
of November 30, 2012. Series C No. 259, para. 34.
21
Cf. para. 18 of the Judgment.
22
Cf. Case of Reverón Trujillo V. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment
of June 30, 2009. Series C No. 197, para. 23; and Case of Artavia Murillo et al. (in vitro Fertilization) V. Costa Rica.
Preliminary Objections, Merits, Reparations and Costs. Judgment of November 28, 2012 Series C No. 257, para.
23.
23
24
Cf. para. 16 of the Judgment.
Cf. Case of Velásquez Rodríguez V. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
61; and Case of Santo Domingo Massacre V. Colombia.Preliminary Objections, Merits and Reparations. Judgment of
November 30, 2012, Series C No. 259, para. 33.