89
violation when it hands down judgment, in the understanding that the Bolivian jurisdictional authority
did not take a decision on I.V.’s rights; [rather] instead of this, it archived the criminal case on the
grounds that the proceedings had gone beyond the temporal limit of three years that proceedings on
a matter such as this should take.” Therefore, the representative argued that the Bolivian court had
not taken a decision as it was supposed to do under Article 25(2)(a) because, on procedural grounds
caused by the court itself, it granted impunity to those who had violated I.V.’s rights.
287. The State asserted that the arguments presented by the representative regarding the
presumed violation of Article 25(2)(a) of the Convention, corresponded to “citations from reports and
documents that were not pertinent and that did not provide appropriate grounds for violations of the
said article or reveal, by specific acts, the presumed failure to comply with the obligation to decide
on a right when a remedy is filed.” Accordingly, “the Court should not take this allegation into
account.” Regarding the right to judicial protection, it argued that the laws of Bolivia guaranteed I.V.
access to simple, effective and prompt remedies, specifically, cassation and the constitutional
amparo, “which were neither filed nor exhausted.” Regarding the remedies used by I.V., the
incidental appeal, the cassation procedure, and the appeal against the extinction, the State argued
that they were processed in accordance with the established legal procedure, ensuring her right to
due process, so that the State had not violated the guarantees and the right to judicial protection of
I.V.
B.
Considerations of the Court
288. Before proceeding to analyze the merits in relation to Articles 8 and 25 of the Convention, the
Court finds it pertinent to provide some clarifications in relation to the different arguments presented.
First, the Court notes that the State changed its legal arguments, starting during the public hearing,
in relation to its answering brief. In particular, the arguments described above concerning the
inappropriateness of criminal proceedings in this case, the alleged failure of I.V. to become a
complainant in the proceedings, and the fact that she did not denounce the domestic judges, were
submitted for the first time in its final oral and written arguments before this Court. The Court recalls
that the final arguments are essentially an opportunity to systematize the legal and factual arguments
that have already been presented at the proper opportunity.362 In this case, the Court considers that
these arguments, even though they were submitted in relation to the merits of the matters, refer to
questions of admissibility and could be considered partially contradictory to the objection of failure
to exhaust domestic remedies filed by the State. Hence, they will not be taken into account, because
their presentation was time-barred.
289. In addition, regarding the State’s arguments concerning the fourth instance, the Court finds
it pertinent to recall that the international jurisdiction does not exercise the functions of a court of
“fourth instance,” nor is it a higher court or a court of appeal to resolve disagreements between the
parties regarding aspects of assessment of the evidence or application of domestic law on matters
that are not directly related to compliance with international human rights obligations. 363 On this
point, it is pertinent to recall that the Court has stated that, if the intention is for the Court to act as
a higher court in relation to the scope of the evidence and of domestic law, this would involve
submitting to the Court a matter regarding which it could not rule and does not have jurisdiction
owing to the subsidiary competence of an international court. In this regard, the scope for the InterAmerican Court to review a ruling of a domestic court relates to whether that decision violated
Cf. Case of Nadege Dorzema et al. v. Dominican Republic. Merits reparations and costs. Judgment of October 24, 2012.
Series C No. 251, paras. 19 and 22, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
November 27, 2013. Series C No. 275, para. 34.
362
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs. Judgment
of November 26, 2010. Series C No. 220, para. 16, and Case of Herrera Espinoza et al. v. Ecuador, supra, para. 173.
363