43
therefore, under the circumstances, that could qualify as abandoned proceedings, as
held by the Chamber in various decisions.”174
152. The representative held that the amparo should “have been decided without
delay within three days following submission.”
153. The Commission indicated that “the victims filed no arguments regarding the
decision [… that] declared the stage closed due to abandonment of proceedings” and
that “in view of the insufficiency of charges and evidence, [the Commission]
refrained from issuing a supported opinion on the efficacy and adequacy of the
action.”
154. The State made no reference to this action. Notwithstanding, the State filed a
statement related to “the duration of judicial proceedings before the Chamber for
Constitutional Matters of the [STJ].” In that statement, the State indicates “that
constitutional protection actions[…] are the issues requiring the most time and
attention from the Chamber” and that “by the end of 2006 and 2007, [the Chamber]
held special sessions in order to reduce judicial workload […] and attempt to come
up to date.”175 Furthermore, the statement indicates that “there are no strict rules as
to the duration of amparo-related proceedings,” given “the multiple aspects inherent
thereto such as the subject matter, prior claims, main parties, interested third
parties, evidence, reports, public order, etc.”176 Lastly, the statement establishes
that “the burden to further proceedings that lay on claimants was not complied with,
thus resulting in disregard of proceeding,” though “[t]his type of decision in no
manner prevented claimants from filing the constitutional amparo again, since no
prejudgment was made on the merits of the controversy.” The Court notes that the
State did not provide sufficient argumentative support as to the elements of that
statement that would allow the analysis of the alleged noncompliance with the
burden of furthering proceedings, supposedly falling on the victims, and the time
elapsed to solve the recourse for constitutional amparo, so that the Court could
appraise such statement based on sound judgment principles and in consistency with
the remaining evidence.177
155. The recourse for constitutional amparo is regulated under the Organic Law on
the Protection of Constitutional Rights and Guarantees of 1988. The following
provisions of this law apply to the instant case:
Section 14.- The amparo and any substantial or accessory aspect related thereto, until the
enforcement of the appropriate judicial order, is undoubtedly of public order nature.
[…]
Section 22.- The Court addressing the petition for a constitutional amparo will be
empowered to redress the affected legal situation without satisfying any formal
requirements and any prior summary investigation.
Should that be the case, the writ of amparo shall be based on and supported by evidence
indicating a serious presumption of actual or potential violation.
Section 23.- If the Court decides not to immediately redress the affected legal situation as
described above, the Court shall order the authority, entity, social institution or individuals
accused of actual or potential violation of constitutional rights or guarantees to, within a
174
Cf. judgment No. 1186 of June 21, 2004, rendered by the Chamber for Constitutional Matters of
the STJ, supra note 173, p. 4964.
175
Cf. declaration before a public notary (affidavit) by Mr. José Leonardo Requena Cabello on
January 10, 2008 (File on the Merits, Book III, pp. 798 and 803).
176
Cf. affidavit of Mr. Requena Cabello, supra note 175, p. 800.
177
Cf. Case of Chaparro Álvarez and Lapo Íñiguez, supra note 83, para. 230.
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