20.
The Court confirmed that during the admissibility process before the Commission,14 the
State submitted seven briefs.15 Only in the brief of November 13, 1998, received by the
Commission on November 16, 1998, it specified that the order that concluded the military
disciplinary proceedings against Mr. Rosadio Villavicencio “was not challenged in administrative
proceedings, meaning it was accepted by said government official” without clearly referring to the
objection of lack of exhaustion of domestic remedies. In addition, in its brief the State did not
refer to the effectiveness of that remedy; therefore, it did not comply with the burden of proof in
that regard. Based on the foregoing, the Court dismisses the objection of lack of exhaustion of
domestic remedies.
B. Objection of fourth instance
B.1. Arguments of the State and observations by the Commission and the representative
21.
The State filed the objection of fourth instance, indicating that it is not within the
jurisdiction of the inter-American system to review “jurisdictional or similar decisions issued
domestically[,] or to question the criteria and/or appraisal of the judicial entities in those cases
(in process or completed), in regular proceedings that respect the guarantees of due process
contemplated in the Political Constitution of Peru and in the [Convention].”
22.
The Commission claimed that the objection filed by the State is based on the incorrect
assumption that there were no violations to the American Convention in the proceedings against
the alleged victim, which is in fact an analysis that corresponds to the merits stage.
23.
The representative did not make any specific arguments in this regard.
B.2. Considerations of the Court
24.
The Court has indicated that when assessing compliance with certain international
obligations, there can be an intrinsic interrelationship between the analysis of international law
and domestic law. Therefore, in order to clarify whether the State has violated its international
obligations owing to the acts of its judicial organs, the Court may have to examine the respective
domestic proceedings to determine their compatibility with the American Convention 16 and the
inter-American instruments that grant it jurisdiction.
25.
In the instant case, neither the Commission nor the representative have requested the
review of domestic decisions with regard to the assessment of the evidence, of the facts, or the
application of domestic law. The goal of the merits stage is to analyze, pursuant to the American
Convention and international law, whether there were human rights violations, specifically to the
procedural guarantees and personal liberty of the alleged victim in domestic judicial and
disciplinary proceedings. Consequently, the Court rejects the exception of fourth instance filed by
the State.
C. Observations regarding the inclusion of Article 25 of the American Convention in
the Commission’s Report on the Merits
The admissibility process concluded with the issuing of Admissibility Report No. 13/03 of February 20, 2003, by
the Inter-American Commission on Human Rights (supra para. 2.b).
15
Cf. State’s briefs of August 12, 1998 (evidence file, folios 659 and 660), November 16, 1998 (evidence file, folios
632 to 639), of January 29, 1999 (evidence file, folios 491 to 494), of February 26, 1999 (evidence file, folios 487 and
488), of May 25, 1999 (evidence file, folios 427 to 434), of January 3, 2000 (evidence file, folios 410 to 412) and January
2, 2001 (evidence file, folios 1151 to 1154).
16
Cf. Case of the "Street Children" (Villagran-Morales et al.) v. Guatemala. Merits; para. 222 and Case of Villamizar
Durán et al. v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2018. Series
C No. 364, para. 30.
14
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