8
proceedings and the amparo proceeding in order to verify that they were both executed
with full respect for the guarantees of due process of law, providing Mr. Lagos del Campo
with the opportunity to appeal any judicial rulings that went against him.
e)
“Observations on the brief with motions, pleadings and evidence concerning the
delimitation of the legal dispute.” The State alleged that the remedies that were not
examined in order to establish compliance with the admissibility requirements – in other
words, those subsequent to the appeal filed on March 15, 1993 – could not be used to
consider violations of additional rights to those contained in the Merits Report. Likewise, it
alleged that the presumed victim’s representatives unduly used the events related to the
self-coup of April 5, 1992, and the dissolving of the Court of Constitutional Guarantees to
substantiate a suggested infringement of the right to contest court decisions, even when
those facts were not considered in the Commission’s Merits Report. Consequently, it asked
the Court to establish that the arguments presented by the representatives regarding
violations of the right to be heard by a judge or court, and the right to contest decisions,
as well as the new facts and context mentioned by the representatives, were not
considered to be part of the dispute.
f)
“Undue inclusion of additional presumed victims in the motions and pleadings
brief.” The State argued that the presumed victims are those indicated by the Commission
in the Merits Report, which, in this case, only considered Mr. Lagos del Campo as a
presumed victim. Consequently, the State contested the inclusion of presumed victims by
the representatives in whose favor they had requested measures of reparation, because
they were not considered in the Commission’s Merits Report.
16.
The Commission argued that the allegations: (a) review of the legality with regard to the
Commission’s report and (b) failure to exhaust domestic remedies referred to preliminary
objections that the State did not present at the proper procedural opportunity and, therefore,
should be rejected as time-barred. In addition, it observed that the allegations: (c) inclusion of
Article 16 in the Merits Report, and (d) the Commission’s lack of competence to assume a fourth
instance role, were not preliminary objections, but rather matters relating to the merits of the
matter. Regarding allegation (e) delimitation of the legal dispute, the Commission argued that
the facts that the State was trying to exclude by this allegation were included in the factual
framework defined by the Commission. Lastly, with regard to argument (f) undue inclusion of
presumed victims, the Commission agreed with the State that Mr. Lagos del Campo was the only
victim declared in the Merits Report. Meanwhile, the representatives were in general agreement
with the Commission’s position. Regarding the inclusion of additional victims, the representatives,
in their brief of September 5, 2016, asked the Court to consider that only Mr. Lagos del Campo
was a victim.
B. Considerations of the Court
17.
Bearing in mind the diverse nature of the arguments submitted by the State, and its
express assertion that they were not submitted as preliminary objections, but rather as a request
for the Court to “review legality” and respond to certain “procedural questions,” the Court recalls
that preliminary objections are objections to the admissibility of a petition or to the competence
of the Court to hear a specific case or any of its aspects, based on the person, matter, time or
place, provided that such considerations are of a preliminary nature. 10 Therefore, regardless of
how the State describes them in its briefs, if, on examination, it is determined that the
Cf. Case of Las Palmeras v. Colombia. Preliminary objections. Judgment of February 4, 2000. Series C No. 67,
para. 34, Case of Zegarra Marín v. Peru. Preliminary objections, merits, reparations and costs. Judgment of February 15,
2017. Series C No. 331, para. 16.
10