15
exhausted and that the children should resort to the Central Electoral Board
and to the ordinary courts; it never mentioned the remedy of amparo or the
remedy of unconstitutionality;
c)
The hierarchic recourses established in Dominican administrative law
were neither appropriate nor effective, and were not alleged at the
appropriate time;
d)
The Central Electoral Board is the administrative authority responsible
for recording registrations; an informal appeal before this body does not
constitute an effective remedy, since this is a discretional procedure. The
Central Electoral Board is an autonomous body that makes decisions against
which there is no appeal, that does not have any formal procedures and that
has not published regulations or established procedures that petitioners may
use to request a review of an adverse decision of the Civil Status Registrars.
Furthermore, the law does not grant the Central Electoral Board authority to
consider individual cases decided by the Civil Status Registrars. The only
remedy established by the laws in force when the facts occurred for appealing
the rejection of a registration request was the appeal before the Public
Prosecutor;
e)
In the Dominican Republic, the remedy of amparo is not regulated in
any specific law. It is part of positive law based on the judgment of the
Supreme Court of Justice of February 24, 1999. The State has not proved that
this remedy is effective, and
f)
The State has not proved that the remedy of unconstitutionality is
effective, since enabling regulations for its implementation have not been
issued.
Considerations of the Court
59.
The American Convention establishes that the Court has full jurisdiction over
matters relating to the cases submitted to it, including the rules of procedure on
which its capacity to exercise its jurisdiction are based.7
60.
Article 46(1)(a) of the Convention establishes that, to determine the
admissibility of a petition or communication lodged before the Inter-American
Commission in accordance with Articles 44 or 45 of the Convention, the remedies
under domestic law must have been pursued and exhausted in accordance with
generally recognized principles of international law.8 This means that these remedies
must not only exist formally, but also that they must be appropriate and effective, as
a result of the objections established in Article 46(2) of the Convention.9
7
Cf. Case of The Serrano Cruz Sisters. Preliminary objections. Judgment of November 23, 2004.
Series C No. 118, para. 133; Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 47,
and Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series C No. 99, para. 65.
8
Cf. Case of the Moiwana community. Judgment of June 15, 2005. Series C No. 124, para. 48;
Case of Tibi, supra note 7, para. 48, and Case of Herrera Ulloa. Judgment of July 2, 2004. Series C No.
107, para. 80.
9
Cf. Case of the Serrano Cruz Sisters. Preliminary objections, supra note 7, para. 134; Case of
Tibi, supra note 7, para. 50, and the Case of Mayagna (Sumo) Awas Tingni Community. Preliminary
objections. Judgment of February 1, 2000. Series C No. 66, para. 53.
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