2
175. Notwithstanding the foregoing, let it be known that the State invoked domestic
provisions contained in the Constitution and the Code of Criminal Procedure (that the Court
transcribed), pursuant to which the measures adopted were within the jurisdiction of the
Procurator General. A reading of the Constitution shows that "Everyone shall have, in case
of infringement of one's rights and freedoms, a claim to an honest and public treatment of
his complaint within a reasonable time by an independent and impartial judge,”1 and that
"Interested parties shall have the right to submit to the court for reassessment any final and
enforceable act by agencies of public administration, which is believed to be unlawful.” 2 The
lack of arguments in this regard on the part of the alleged victim does not allow this Court
to ascertain whether in domestic law there were exceptions that would render the provisions
on the restriction of the right to leave the country inadmissible.
176. Given these circumstances, I consider that the procedural arguments set forth in the
Judgment are insufficient to justify the dismissal of this preliminary objection.
Alberto Pérez Pérez
Judge
Pablo Saavedra Alessandri
Registrar
1
Article 10: Everyone shall have, in case of infringement of one's rights and freedoms, a claim to an honest and
public treatment of his complaint within a reasonable time by an independent and impartial judge.
2
Article 158, paragraph 2: “Interested parties shall have the right to submit to the court for reassessment any final
and enforceable act by agencies of public administration, which is believed to be unlawful.”