daunting task of having to imagine and respond to [...] alleged violations based on facts [or
claims] not submitted by the petitioners or included in the reports on admissibility.”
Moreover, it indicated that “erroneously invoking of the principle of iura novit curia cannot
correct a State’s situation when at the end of the proceedings before the C[ommission] it is
found responsible for a violation on which it never had the chance to defend itself.”
46.
The Commission pointed out that Article 46 of the Convention “only establishes that,
at this stage, the Commission must determine whether the petition meets the established
admissibility requirements.” It added that the usual practice of the System’s organs has
been “to perform an analysis of the facts submitted for its consideration from a perspective
that is not limited to the legal provisions invoked [...] but that includes those that are
relevant and applicable to those facts.” It indicated that since the beginning of the
processing of the petition “Argentina had knowledge of the ‘physical and mental’ injuries
alleged by the petitioner to his detriment and that of his family due to the actions of the
State.” It indicated that “after the Report on Admissibility, the State provided [...] the court
records [...] based on [which], and according to facts that the State was fully aware of since
the initial petition, the Commission determined that there were contents and significant
facts upon which to base a judgment [with regard] to the personal integrity of the members
of the Furlan family.” The Commission claimed that it took into account that: i) “the State
had full knowledge of all of the allegations and evidence submitted in this regard”; ii) the
State “had numerous opportunities to respond”; and iii) “in many cases, during the
processing [of a matter] information arises [that] increasingly confirms the consequences
suffered by the family.”
47.
The representatives indicated that “there is a [c]orrelation between the requests of
the alleged victims, the Report on Admissibility and the Report on Merits regarding the
violation of the right to personal integrity.” They argued that the alleged victims had
expressed “with absolute clarity” since the early stages of the proceedings before the
Commission “the impairments suffered to their personal integrity,” considerations that were
“included in the Report on Admissibility.” Based on the foregoing, the representatives stated
that “in the context of these factual assertions, and in application of the principle of iura
novit curia, the Commission decided to examine [...] ‘the infringement of the right to
personal integrity established in Article 5(1), as a result of the unwarranted delay in which
the State incurred’ [...] both with regard to Sebastián and his family.” They concluded that
“the principles of the right of rebuttal, procedural equality and legal certainty were complied
with throughout the processing of the case” before the Commission.
Considerations of the Court
48.
When a preliminary objection is based on questioning the actions of the Commission
in relation to proceedings before it, the Court has previously indicated that the InterAmerican Commission has autonomy and independence in the exercise of its mandate, as
established by the American Convention, and particularly in the exercise of functions within
its jurisdiction regarding the processing of individual petitions as set forth in Articles 44 to
51 of the Convention. However, in matters under its consideration, the Court has the
authority to perform a control of due process of the actions of the Commission.35 This does
not necessarily presuppose reviewing the proceedings carried out before it, except in the
event that one of the parties claims with justification that a grave error has occurred which
35
Cf. Control of Due Process in the Exercise of the Powers of the Inter-American Commission on Human
Rights (Arts. 41 and 44 of the American Convention on Human Rights). Advisory Opinion OC-19/05 of November 28,
2005. Series A No. 19, operative paragraphs one and three; and Case of Grande v. Argentina. Preliminary
Objections and Merits. Judgment of August 31, 2011. Series C No. 231, para. 45, and Case of González Medina and
relatives v. Dominican Republic, para. 28.
15