invalidated the said judgments, the Supreme Court of Justice was composed of justices who
previously, in the corresponding procedural actions, had indicated that they were disqualified
from hearing the actions filed by the presumed victims (supra para. 50).170
164. The Court considers that it is not incumbent on it to enter into a discussion on whether
or not Resolution No. 2382 of the Supreme Court of Justice was valid, or with regard to any
legal or procedural effects that this could have had with regard to Judgments Nos. 951 and
952. However, the conflicting rulings of the Constitutional Chamber and the Supreme Court
allow this Court to reiterate the ineffectiveness of the procedural actions filed and, thus, the
non-binding nature of the judicial decisions, reflected in the fact that they could not be
enforced; all without ignoring that a context of significant interference in judicial independence
existed.
165. Consequently, the Court concludes that the ineffectiveness of the judicial remedies filed
by the presumed victims, in a context of failure to respect the guarantees against external
pressures that protect the function of judges, resulted in a violation of the right to judicial
protection pursuant to Article 25(2)(c), in relation to the judicial independence recognized in
Article 8(1) and the obligations to respect and to ensure rights established in Article 1(1), all
of the American Convention.
B.2. The guarantee of a reasonable time in processing and deciding the
judicial actions filed by the presumed victims
166. The Court has established that a prolonged delay in the proceedings may, in itself,
constitute a violation of judicial guarantees. 171 In each specific case, the assessment of the
reasonable time must be analyzed in relation to the total duration of the proceedings, from
the first procedural act until the final judgment is handed down, including any appeals that
may eventually be filed.172
167. Case law has considered that four elements should be analyzed to verify whether the
guarantee of a reasonable time has been satisfied: (a) the complexity of the matter; 173 (b)
the procedural activity of the interested party; 174 (c) the conduct of the judicial authorities,175
The representatives included in their arguments other facts related to the actions of the Legislature and the
Supreme Court of Justice in the context of the delivery of Judgment No. 737 of September 2, 2019, and Resolution
A.I.N. No. 1932 of October 11, 2019. However, these facts exceed the factual framework contained in the Merits
Report and, therefore, will not be analyzed in this judgment.
171
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, supra, para. 145, and Case of
Moya Solís v. Peru, supra, para. 98.
172
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 71,
and Case of Moya Solís v. Peru, supra, para. 98.
173
In order to analyze the complexity of the matter, the Court has taken into account, among other criteria, the
complexity of the evidence, the plurality of procedural subjects or the number of victims, the characteristics of the
remedy contained in domestic law, and the context in which the violation occurred. Cf. Case of Genie Lacayo v.
Nicaragua. Preliminary objections. Judgment of January 27, 1995. Series C No. 21, para. 78, and Case of Olivares
Muñoz et al. v. Venezuela. Merits, reparations and costs. Judgment of November 10, 2020. Series C No. 415, para.
123.
174
Regarding the activity of the parties interested in obtaining justice, the Court has taken into consideration
whether their procedural activity has contributed in any way to unduly prolonging the proceedings. Cf. Case of Cantos
v. Argentina. Merits, reparations and costs. Judgment of November 28, 2002. Series C No. 97, para. 57, and Case of
Olivares Muñoz et al. v. Venezuela, supra, para. 123.
175
The Court has understood that, to fully achieve the effectiveness of the judgment, the judicial authorities must
act promptly and without delay because the principle of effective judicial protection requires that execution procedures
be implemented without undue delays or obstructions in order to achieve it purpose rapidly, simply and fully. Cf. Case
of Mejía Idrovo v. Ecuador, supra, para. 106, and Case of Olivares Muñoz et al. v. Venezuela, supra, para. 123.
170
42
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents