17. In its answering brief, the State argued that both the ordinary and higher courts of the
domestic jurisdiction acted and ruled on the facts of the case in accordance with national
legislation, the Constitution and the American Convention. It considered that the alleged
victims are seeking to use the inter-American system as a fourth instance to admit claims
which, under the principles, guarantees and rights enshrined in the Convention, have already
been settled in the domestic courts. Thus, it argued that “the Inter-American Court does not
have jurisdiction over the matter, since the present case does not comply with the subsidiarity
requirement of the inter-American human rights system.” In its final written arguments, the
State added that the Court is not competent to review “decisions issued by the domestic
courts, merely because the petitioners consider that the outcome of the collective process is
not favorable to their interests.”
18. The representative argued that the discussion as to whether or not the State of Guatemala
had violated the conventional rights of the Judiciary workers should take place in an oral and
public trial, not through a motion for preliminary objections. He did not present specific arguments
on this preliminary objection.
19. The Commission argued that the instant case does not involve mere disagreements with
the content of the jurisdictional rulings at the domestic level, but rather a series of violations of
due process. In particular, the Commission found that the alleged victims were not afforded an
administrative proceeding prior to the sanction of dismissal, which limited their right of defense.
Likewise, the Commission, in its Merits Report, considered that the State violated the rights to
strike, to work and to have access to an effective remedy with respect to the 65 former workers
who were not rehired. Thus, it concluded that at no time was there any intention that the Court
act as a fourth instance; rather a series of violations of rights guaranteed by the Convention were
alleged.
A.2. Considerations of the Court
20. This Court has stated that the determination as to whether the actions of judicial bodies
constitute a violation of the State’s international obligations may require it to examine the
respective domestic proceedings to establish their compatibility with the American Convention.
Consequently, this Court is not a fourth instance of judicial review, since it examines the
conformity of domestic judicial decisions with the American Convention and not in accordance
with domestic law. 10
21. In the instant case, the Court notes that the claims of the Commission, taken up by the
representative of the alleged victims, are not limited to the review of the rulings of the national
courts for possible errors in the assessment of evidence, in the determination of the facts or in
the application of domestic law. On the contrary, the violation of various rights enshrined in the
American Convention is alleged in the decisions taken by the national authorities, both in the
judicial and administrative courts. Consequently, in order to determine whether said violations
actually occurred, it is essential to analyze, on the one hand, the decisions issued by the different
administrative and jurisdictional authorities, and on the other, their compatibility with the State’s
international obligations, which, in the end, is a substantive issue that cannot be resolved by
means of a preliminary objection. Consequently, the Court dismisses the preliminary objection
presented by the State.
10
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 222, and Case of Cuya Lavy et al. v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of September 28, 2021. Series C No. 438, para. 42.
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