7
13. Deliberation of the case. The Court deliberated this judgment during its 106th, 107th, 108th
and 109th regular sessions.
III.
JURISDICTION
14. Venezuela has been a State Party to the American Convention since August 9, 1977, and
accepted the contentious jurisdiction of the Court on June 24, 1981. On September 10, 2012,
Venezuela denounced the American Convention, and this decision entered into effect on
September 10, 2013. According to Article 78(2) of the Convention, the Court has jurisdiction
to hear this case, taking into account that the facts analyzed occurred prior to the entry into
force of Venezuela’s denouncement of the Convention.
IV.
PRELIMINARY OBJECTIONS
15. In its answering brief, the State presented the following arguments as “preliminary
objections”: (i) a recusal of judges and the Secretary of the Court, which was resolved in the
order of February 6, 2014 (supra para. 6); (ii) the Court’s presumed lack of jurisdiction to protect
legal entities, and (iii) the presumed failure to exhaust domestic remedies.
A)
The objection of the Court’s lack of jurisdiction to protect legal entities
A.1. Arguments of the Commission and of the parties
16.
The State filed an objection concerning the Court’s lack of jurisdiction to protect legal
entities. In this regard, it argued that both the Preamble to the American Convention and Article
1(2) “establish that, for the purposes of the Convention, ‘person means every human being.’”
Consequently, it asserted that the Convention “is not applicable to legal entities and that,
therefore, the shareholders who represent the commercial enterprise RCTV are not protected
by Article 1(2) [of this instrument].” The State also indicated that it did “not accept the criteria”
applied by the Court in the case of Cantos v. Argentina, since it involved an “arbitrary
interpretation” of the Convention in order to “provide protection for corporate interests under
a human rights protection system created exclusively for human beings.” Furthermore, it
argued that, in the said case, the Court “made an inappropriate interpretation of Protocol No.
1 to the European Convention on Human Rights when it stated that, in certain circumstances,
individuals may have recourse to the [inter-American] system to assert their rights, even
though they are covered by a legal concept” and that the States had not agreed to this when
they ratified the Convention. Venezuela “endorsed and alleged the first preliminary objection
filed by the Argentine State in the case of Cantos v. Argentina” that “legal entities are not
included in the American Convention and, therefore, its provisions cannot be applied to legal
entities, because they do not have human rights.” On this basis, the State asked the Court to
“rectify its case law in this regard.”
17.
The Commission indicated that the State had “recognize[d] that, according to the
[Court’s] case law, the fact that a natural person exercises one or several of the rights
established in the Convention through his connection to a legal entity, does not exclude his
possibility of lodging an individual petition before the Commission, or the exercise of the
jurisdiction of the Inter-American Court to eventually hear the matter.” Consequently, it asked
the Court to “maintain its consistent case law” on “the possibility of hearing cases in which
natural persons consider that their rights have been violated by acts or omission of the State