13
1109 through 1113 of the Civil Code for the prejudicial effects of the breach of the general
obligation not to cause damage to others. The State also argued that the alleged victims
should have exhausted this domestic jurisdiction, especially in view of the fact that the
reparations they are requesting pertain exclusively to pecuniary and nonpecuniary damage
and they have refrained from requesting possible violation of article 10 of the American
Convention.34 Finally, the State cited the Commission's “Correa Belisle” case and noted that
the victim had chosen, exercised and directed the claim for redress through this same
domestic proceeding.
40. The Commission, in turn, stated that although the objection had been raised at the
proper stage of the proceedings, the State had not met the requirement of proving that the
remedies being offered were appropriate and effective. The Commission therefore argued that
during the admissibility stage, the State had not explained specifically what remedies could
have been pursued by the victims, what rules governed them, or what arguments and
evidence suggested that they were in fact appropriate and effective. In any case, the
Commission held that the State's international obligation to redress victims of human rights
violations was a direct and primary responsibility, that is, it pertained directly to the State
and must not be subject to whether or not the alleged victims had attempted beforehand to
pursue personal actions against such agents, regardless of what the domestic legislation may
provide. The Commission also noted that a requirement for further exhaustion of a motion for
damages, after all the remedies available in the criminal jurisdiction had been lodged and
were awaiting resolution, would be unreasonable and would make access to the interAmerican system an impossible dream.
41. Representatives Vega and Sommer said that during the admissibility stage, it had
been proven that all the domestic remedies available in Argentina had been exhausted.
Representatives De Vita and Cueto pointed out that the State’s assertions were unsustainable
because the applicants they represented had availed themselves of all possible solutions
available through the domestic system; moreover, the provisions of Civil Law have no
relevance to human rights violations protected by the Convention. They added that the
reference to the “Correa Belisle” case was misguided because it had ended in a friendly
settlement, while in the instant case, no such proposal had been received from the
government at any time, and the decision by the Supreme Court had closed off all possibilities
of pursuing satisfaction domestically. Finally, the Inter-American Defenders noted that the
State had tacitly chosen to waive the objection of failure to exhaust domestic remedies as a
defense, having cited it in general terms and with no further explanation, and therefore felt
that the State was barred from raising it in the final phase of the proceedings before the interAmerican system.
C.2 Considerations of the Court
42. Article 46(1)(a) of the American Convention establishes that for a petition or complaint
filed before the Inter-American Commission to be admissible under Article 44 or 45 of the
Convention, domestic remedies must have been pursued and exhausted in accordance with
generally recognized principles of International Law. 35 Along these same lines, the Court has
sustained that an objection to the exercise of its jurisdiction based on the alleged failure to
34
Article 10. Right to Compensation. Every person has the right to be compensated in accordance with the law
in the event he has been sentenced by a final judgment through a miscarriage of justice.
35
Cfr. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C
No. 1, par. 85, and Case of Human Rights Defender et al. v. Guatemala, par. 20.