2
because this reinforces or complements the domestic jurisdiction.”2 The Court has
established that State responsibility:
Can only be required at the international level after the State has had the opportunity to
examine it and to declare it by means of remedies within the domestic jurisdiction, and to
repair the damage caused. The international jurisdiction is of a subsidiary, reinforcing and
complementary nature.3
6.
Hence, the States of the Americas have wanted to leave it sufficient clear that
the protection system established by the American Convention on Human Rights does
not substitute the national jurisdictions, but rather complements them.4 “After all, the
State’s international responsibility arises when a violation is committed – as a direct
result of failure to comply with or violation of the obligation, also international, that it
assumed – but the jurisdiction of the Inter-American Court is not necessarily brought
into play. This will be deployed in the hypothesis that the domestic jurisdiction does
not function.”5
7.
Furthermore, the Court has explained that:
The American Convention is a multilateral treaty under which States Parties undertake to
respect and ensure the rights and freedoms recognized therein and to comply with any
reparations ordered. The Convention is the cornerstone of the system for the protection of
human rights in America. This system is a two-tiered system: a local or national tier
consisting of each State’s obligation to guarantee the rights and freedoms recognized in
the Convention and punish violations committed. If a specific case is not resolved at the
local or national level, the Convention provides an international tier where the principal
bodies are the Commission and this Court. But as the Preamble to the Convention states,
the international protection is “reinforcing or complementing the protection provided by the
domestic law of the American states.”
Consequently, when a question has been
definitively settled under domestic law – to use the language of the Convention – the
matter need not be brought to this Court for “approval” or “confirmation.”6
8.
The American Convention imposes on the States Parties the obligation to ensure
that presumed victims have effective remedies before the domestic courts against
violations of the rights recognized in the treaties or under domestic laws,7 and
establishes the correlative obligation of complainants to exhaust previously the
remedies under domestic law as a condition for the admissibility of their petitions at
the international level. The establishment of these complementary obligations
underscores the necessary interaction that must exist between international law and
domestic law in the sphere of the protection of human rights.
9.
The principle of subsidiarity of the inter-American system for the protection of
human rights implies that the States – through their domestic organs and authorities –
bear the primary responsibility to respect and guarantee, within their sphere of
jurisdiction, the human rights embodied in the international laws of protection and to
2
Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 61.
3
Perozo et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of January 28,
2009. Series C No. 195, para. 64.
4
FAÚNDEZ LEDESMA, Héctor, El agotamiento de los recursos internos en el sistema interamericano de
protección de los derechos humanos, IIDH/IIHR, San José, Costa Rica, 2007, p. 43.
5
GARCÍA RAMÍREZ, Sergio, “El sistema interamericano de protección de los derechos humanos. La Corte
Interamericana,” in La jurisdicción interamericana de Derechos Humanos, CIDH/IACHR and Inter-American Court of
Human Rights, Mexico, 2006, p. 90.
6
Case of Las Palmeras v. Colombia. Merits. Judgment of December 6, 2001. Series C No. 90, para. 33.
7
American Convention on Human Rights, Article 25(1).
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