22
no specific evidence concerning this issue in the admissibility reports that the
Commission adopted with regard to each of the cases considered
individually”;
(f)
“It was clear, during the proceedings before the Commission […] that
the existing domestic remedies for the protection of the rights and freedoms,
whose violation is the subject of the application, are absolutely appropriate,
have always been available to the alleged victims and their next of kin, and
have been processed by the competent authorities in the way and in the
terms established by domestic norms”; and
(g) The remedies under domestic law for the protection of the rights and
freedoms whose violation is the subject of the application “are still being
processed. Decisions have already been handed down in some of them, which
have protected the rights of the alleged victims and their next of kin, and final
decisions are awaited in others.”
The Commission’s arguments
101.
that:
Regarding the preliminary objection filed by the State, the Commission stated
(a)
The Court should proceed “to examine the [preliminary objection]
together with the merits of the case; reject it as inadmissible and groundless
[…] and reaffirm its jurisdiction to examine the merits of the case”;
(b)
“The procedural opportunity to file objections concerning the
exhaustion of domestic remedies is when [the Commission] is examining
admissibility”;
(c)
“The content of the admissibility decisions adopted [by the
Commission] should not be substantially re-examined and should be
considered final”;
(d)
“Only the remedies that are adequate for repairing the alleged
violations must be exhausted. To be adequate, the function of these domestic
remedies must be appropriate to protect the legal situation that has been
violated”;
(e)
“The alleged facts […] involve the alleged violation of fundamental
non-derogable rights, such as the right to life and humane treatment, which,
under domestic law, translate into crimes that may be prosecuted de oficio
and, therefore, it is this procedure, promoted by the State itself, that must be
[exhausted]”;
(f)
“Rulings of a disciplinary nature do not satisfy the obligations
established in the Convention concerning judicial protection, because they are
not an effective and sufficient way to prosecute, sanction and repair the
consequences of the extrajudicial execution of individuals protected by the
Convention”;
(g)
“Regarding the exhaustion of the administrative jurisdiction, […] this
type of proceedings is exclusively a mechanism for supervising the State’s
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