10
employees as natural persons, so that it finds the preliminary objection of lack of jurisdiction
filed by the State inadmissible. However, the Court considers it necessary to underscore that
the fact that a legal entity is involved in the facts of the case does not signify, prima facie, that
the preliminary objection is admissible, because the exercise of the right by a natural person
or its presumed violation must be analyzed when examining the merits of the case. Therefore,
the other arguments of the Commission and the parties concerning how natural persons would
exercise rights presumably violated through a legal entity will be analyzed in detail in the
chapter corresponding to each right.
B) Objection of failure to exhaust domestic remedies
B.1. Arguments of the Commission and of the parties
23.
The State filed an objection of failure to exhaust domestic remedies. It argued that “the
Commission did not take into consideration the failure to exhaust [the said] remedies […],
included in the briefs presented by the State on December 4, 2011, and November 9, 2012.”
The State argued that “the delay in a specific judicial proceeding cannot be measured only by
the time that has passed since the remedy was filed; rather, its complexity, the procedural
activity of the parties, the conduct of the judicial authorities and the effects produced on the
legal situation of those involved should also be analyzed.” In this regard, the State indicated
that the Supreme Court of Justice processed “thousands of cases” so that it cannot be concluded
that “there is, prima facie, an unjustified procedural delay in this case.” In addition, it indicated
that its “laws establish a wide range of remedies and actions that may be used by the defense
of [the presumed victims], to substantiate their rights and interests.”
24.
The Commission argued that the objection of failure to exhaust domestic remedies was
“inadmissible because it was time-barred.” In this regard, it indicated that the procedural
opportunity to file this objection was “during the admissibility procedure before the
Commission” and that “owing to the lack of a response [by Venezuela at that stage], the
mechanism of a tacit waiver by the State comes into operation.” It also argued that the State’s
briefs of December 4, 2011, and November 9, 2012, “were subsequent to the adoption of the
Admissibility Report by the Commission.”
25.
In addition, the Commission indicated that “[f]urthermore, there was an unjustified
delay at the admissibility stage.” It argued that when “analyzing the requirement of exhaustion
of domestic remedies, it took note of the two remedies that were pending a decision.” In this
regard, it indicated that “the appeal for nullification was at the initial stage and [that] the appeal
against the interim measures had not elicited any response from the Supreme Court of Justice,
even though four years had elapsed.” Consequently, the Commission concluded that “the
exception to the exhaustion of domestic remedies established in Article 46(2)(c) [of the
Convention] had been activated” and asked the Court to “reject the […] preliminary objection
filed […] by the Venezuelan State.”
26.
The representatives indicated that the “objection should be rejected as time-barred,
unfounded and inadmissible because this case has met the requirement of exhaustion of
domestic remedies pursuant to Article 46(1)(a) of the Convention […].” They argued that “the
State, by failing to respond to the petition […] before the Commission before the latter took a
decision on its admissibility, tacitly waived filing the [said] objection.” Likewise, they argued
that since, at the admissibility stage, the State had failed to contest the “information on the
unjustified delay in the processing of the matter in the domestic jurisdiction and the legal
consequences derived from this delay, […] it was also prevented from contesting these facts
for the first time before the Court.” In addition, they indicated that Venezuela had “merely