had had numerous possibilities of exercising its right of defense, which it did by
presenting a series of documents answering the petitioners’ allegations, together with
official documents relating to the judicial proceedings against the alleged victim. The
Commission added that Admissibility and Merits Report No. 380/20 indicated that it had
accepted the State’s position in relation to some aspects of the petition and declared
that certain rights alleged by the petitioner had not been violated. It therefore
considered that the State had been able to exercise its procedural rights during the
procedure before the Commission, and that it had not been able to prove that a ”grave
error” had been committed that would render the case inadmissible. Consequently, the
Commission held that the State’s request for the control of legality was unwarranted.
20.
The representatives argued that the purpose of the petition was always clear
because the factual framework of the case had always been the criminal proceedings
and the numerous procedural violations that had occurred. Also, the Commission had
processed “everything indicated in the petitioner’s briefs and their annexes, and the
information held by the State, without exception.” Furthermore, they asserted that the
State had not specified why the consolidation of the admissibility and merits stages
violated its rights. They added that the procedural complexity alleged by the State did
not exist because there had always been certainty in relation to the elements and
purpose of the petition.
A.2.
Considerations of the Court
21.
This Court has repeatedly indicated that, pursuant to the American Convention,
the Inter-American Commission has autonomy and independence in the exercise of its
mandate and, in particular, in relation to the processing of individual petitions.6 The
Court has the authority to conduct a control of legality when the parties make a
substantiated request for this, justifying that a grave error had been committed that
violated the right of defense and distorted procedural equality.7
22.
The Court has required that the party arguing that the Commission’s actions
have violated its rights must prove this prejudice and that it is not sufficient merely to
argue a disagreement with the criteria or actions of the Commission for the Court to
declare that this preliminary objection is admissible.8
23.
In such cases, the Court must review the Commission’s actions when
substantiating the petition to ensure that the requirements of admissibility, and also
Cf. Control of Due Process in the Exercise of the Powers of the Inter-American Commission on Human
Rights (Articles 41 and 44 to 51 of the American Convention on Human Rights). Advisory Opinion OC-19/05
of November 28, 2005. Series A No.19, first and third operative paragraphs; Case of the Saramaka People v.
Suriname. Preliminary objections, merits, reparations and costs. Judgment of November 28,2007. Series C
No. 172, para. 32, and Case of Olivera Fuentes v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of February 4, 2023. Series C No. 484, para. 18.
6
7
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 66, and Case of
Baraona Bray v. Chile. Preliminary objections, merits, reparations and costs. Judgment of November 24, 2022.
Series C No. 481, para. 23.
8
Cf. Case of the Saramaka People v. Suriname, supra, para. 32, and Case of Baraona Bray v. Chile,
supra, para. 23.
6