89.
On June 10, 1993, the Federal Administrative Chamber decided the special
federal appeal against the judgment, rejecting it and confirming the judgment on
appeal.31 The reasoning for this rejection was that the specific considerations regarding
the assessment of the criminal case and the applicable law had not been refuted.
90.
Mr. Grande submitted a complaint to the Supreme Court of Justice32 against the
previous decision owing to the rejection of the special appeal he had filed.33 On April
12, 1994, the Supreme Court of Justice decided to reject the complaint34 based on
article 280 of the National Code of Civil and Commercial Procedure.35 Mr. Grande was
notified of the decision on May 3, 1994.36
Considerations of the Court
91.
Regarding the administrative proceeding, which was processed when this Court
had jurisdiction, the Court observes that Mr. Grande filed a claim for damages under
administrative law to determine his right to compensation, because he considered that
he had been the victim of judicial error, in which he set out his claims and was heard
by a competent judge. In addition, the alleged victim was able to file all the remedies
available in the domestic jurisdiction, as indicated in paragraphs 82 to 90 of this
judgment.
92.
The Commission and the representative alleged the violation of Articles 8 and
25 of the American Convention in the said administrative proceeding. In this regard
and in support of this contention, the Commission indicated, in general, that: (a) when
processing the claim for compensation, the unlawfulness of the evidence offered in the
criminal proceeding was not taken into account, or the prolonged lapse of time to
reach a decision in that proceeding, and (b) the State did nothing to remedy the
alleged violation of due process in the criminal jurisdiction, despite recognizing the
irregularity in the administrative proceeding. For his part, the representative concurred
with the Commission’s arguments and, in particular, indicated that the Second
Administrative Appellate Chamber did not consider the unlawful conduct of the State
with regard to the illegality of the evidence or the duration of the criminal proceeding.
31
The decision of June 10, 1993, which is not among the evidence provided by the parties to the
Inter-American Court. The information in this judgment appears in the complained filed by Mr. Grande (infra
note 31, f. 963). According to the State, “[t]he explanation for this rejection was that the specific findings
relating to the assessment of the criminal case and the applicable law had not been refuted” (file of
preliminary objections, merits, reparations and costs, brief answering the application, f. 127).
32
Cf. Complaint based on rejection of the special appeal before the Supreme Court of Justice filed by
Mr. Grande before the Federal Administrative Chamber (undated), in case No. 28,928 (file of the
Commission’s appendices, appendix 9, fs. 949 to 963).
33
The special appeal was filed against a final judgment that could not be appealed by any other
means, delivered by the highest court with jurisdiction on behalf of the plenum of the Supreme Court of
Justice (file of the Commission’s appendices, appendix 9, f. 949).
34
Cf. Judgment of the Argentina the Supreme Court of Justice handed down on April 12, 1994 (file of
the Commission’s appendices, appendix 10, f. 964).
35
This article provides that: “when the Supreme Court hears a case by special appeal, the reception of
the case shall entail a summons and also that the Court, based on its sound judicial discretion and merely
invoking this rule, may reject the special appeal for lack of sufficient federal harm or when the questions
raised are insubstantial or lack significance.”
36
Cf. Notification of Mr. Grande dated May 3, 1994 (the Commission’s appendices, appendix 3, f.
830).
22
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