89.
Therefore, based on the foregoing, the undersigned voted against the first operative
paragraph of the judgment rejecting the preliminary objection filed by the State concerning
the failure to exhaust domestic remedies.65
90.
But, also, the undersigned considers that, consequently, he had to vote negatively on
all the other operative paragraphs because he considers, on the one hand, that if the objection
had been accepted, there would have been no reason to vote on them and, on the other hand,
that despite this he should respect the provisions of Article 16(1) of the Rules of Procedure;
in other words, he was not able to abstain.66 It should be understood, therefore, that the
votes against operative paragraphs 2 to 12 do not, in reality, entail a ruling on their content
and that the votes in favor of operative paragraphs 13 to 15 respond to the fact that they are
exclusively concerned with procedural aspects of the subsequent processing of the judgment,
which as previously state, must be complied with.67
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
65
Supra, footnote 2.
“The President shall present, point by point, the matters to be voted upon. Each Judge shall vote either in the
affirmative or the negative; there shall be no abstentions.”
66
67
Supra para. 16 of this opinion.
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