Chamber, acknowledged that there had been a violation of Mr. Grande’s right to due
process as regards obtaining evidence, the State did nothing to remedy this violation,
either by reparation or by a disciplinary administrative investigation to determine
whether police or judges should be sanctioned.” The Commission did not submit
specific arguments on the alleged violations of Articles 8 and 25 of the Convention
during the administrative proceeding at the public hearing or in its final written
arguments.
80.
For his part, the representative stated that “[t]he first instance judgment in the
administrative jurisdiction decided in favor of Jorge Fernando Grande on the grounds
that the State had acted unlawfully (even though it was subsequently overturned by
the Federal Appellate Chamber based on an argument tending to show that no judicial
error had occurred) must be taken into consideration because it clearly acknowledges
an unlawful act of the State.” Additionally, the representative indicated that “[t]he
rejection of the remedy filed by Mr. Grande in that instance was founded on the
inexistence of a judicial error, without taking into account [either] the unlawfulness of
the evidence that had been decided in the criminal proceedings, [or] the prolonged
lapse of time before a decision was reached.” He also reiterated some of the
Commission’s remarks on this point. Lastly, the representative concluded that the
State had violated the rights embodied in Articles 8 and 25 of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Mr. Grande. During
the public hearing and in his final oral arguments, he repeated some of his previous
arguments without referring specifically to the alleged violations.
81.
Meanwhile, the State declared that, in the present case, “it understands that
the so-called fourth instance doctrine is being constituted regarding the administrative
proceeding” and, in that regard, stressed that “the special appeal filed against the
judgment of the National Appellate Chamber for Federal Administrative Matters of the
Federal Capital was rejected for technical reasons.” It added that the alleged victim
resorted to the Commission and the Court to make his claim “merely because he
disagreed with the decision of the National Appellate Chamber for Administrative
Matters.” To conclude, the State indicated that “no violation of due process or access
to justice occurred in this case, because Mr. Grande had [the] possibility of accessing
suitable and effective remedies, and yet, as was shown, made poor use of them,
ultimately trying to blame this on the State.” Finally, it noted that “Mr. Grande is trying
to obtain financial compensation based on the argument of alleged violations that
occurred in the domestic jurisdiction.” In its brief with final arguments, the State
repeated some of the arguments indicated above.
Judicial actions during the administrative proceedings
82.
Jorge Fernando Grande filed a claim for damages under the administrative
jurisdiction against the State for its responsibility in the deficient functioning of the
administration of justice, as well as for its irregular and unlawful conduct.24 In this
regard, Mr. Grande stated that the applicable doctrine indicated that, “in the case of
alleged judicial error or improper functioning of the administration of justice, the
State’s responsibility is […] evident and direct,” because every judicial decision must
be the result of the determination of the facts on which the interpretation and
application of the rules of law that decide the disputed situation are based. Therefore,
when this interpretation is based “on an erroneous assessment of the facts or on their
24
Cf. Claim for damages filed by Jorge Grande (undated), in the administrative jurisdiction, in case
No. 28,928 (file of the Commission’s appendices, appendix 12, fs. 970 top 978).
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents