CONCURRING OPINION OF JUDGE EDUARDO VIO GROSSI, INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF GÓMEZ VIRULA ET AL. V. GUATEMALA JUDGMENT OF NOVEMBER 21, 2019 (Preliminary objection, merits, reparations and costs) I. INTRODUCTION 1. This concurring opinions to the judgment in reference 1 is issued merely to explain the reason why I voted in favor of its first operative paragraph 2 which relates to the objection filed by the Republic of Guatemala3 concerning the requirement of prior exhaustion of domestic remedies established in the American Convention on Human Rights.4 2. For a better understanding of this discrepancy, it is necessary to reiterate and even expand what I have indicated in other separate opinions 5 in relation to compliance with this requirement addressing, successively, some preliminary and general considerations concerning the reasons that support this dissent, the relevant articles of the Convention, the regulatory provisions on this same matter and, lastly, the consequences of adopting an opinion that differs from the one described in this document. 1 Hereinafter, the judgment. “It rejects the preliminary objection filed by the State concerning the failure to exhaust domestic remedies, pursuant to paragraphs 16 and 17 of this judgment. 2 3 Hereinafter, the State. 4 Hereinafter, the Convention. Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of the National Association of Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUBSUNAT) v. Peru. Preliminary objections, merits, reparations and costs, Judgment of November 21, 2019; Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Díaz Loreto et al. v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of November 19, 2019; Concurring opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Terrones Silva et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of September 26, 2018; Separate opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Amrhein et al. v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of April 25, 2018, Series C No 364; Concurring opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Yarce et al. v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of November 22, 2016. Series C No. 325; Concurring opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Herrera Espinoza et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2016. Series C No. 316; Concurring opinion of Judge Eduardo Vio Grossi. Inter-American Court of Human Rights, Case of Velásquez Paiz et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of November 19, 2015. Series C No. 307; Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of the Peasant Community of Santa Bárbara v. Peru. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 299; Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Wong Ho Wing v. Peru. Preliminary objection, merits, reparations and costs. Judgment of June 30, 2015. Series C No. 297; Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Cruz Sánchez et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of April 17, 2015. Series C No. 292; Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Liakat Ali Alibux v. Suriname. Preliminary objections, merits, reparations and costs. Judgment of January 30, 2014. Series C No. 276, and Dissenting opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights. Case of Díaz Peña v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 26, 2012. Series C No. 244. 5 1