16.
He adds that on September 16, 1997 he went before the Office
of the Inspector General of the Supreme Court of Buenos Aires to lodge a
complaint over the delays and negligence perpetrated by Labor Tribunal No.
3 in his proceedings. He reports that the Supreme Court held the file and did
not issue a decision for almost two years. Then, on April 16, 1999, it
determined that while there had been a delay, it would merely reprimand the
clerk of court of the Tribunal.
17.
Based on the foregoing, the petitioner argues that the State
violated Articles 8 and 25, in relation to Article 1(1) of the American
Convention.
B.
The State
18.
In its briefs, the State indicates that Mr. Victorio Spoltore did
not exhaust the remedies available under domestic law to remedy the
violation. He should have litigated lawsuits to determine the civil liability of
the State for the harm caused. The State asserts that in order to claim full
reparations for the damages caused to the petitioner, he should have filed suit
for economic injury against the provincial government for the abnormal
exercise of its judicial function.2
19.
The State points out that, according to national doctrine
regarding civil liability, in cases in which judicial officers fail to abide by the
legal obligation to administer justice, the State is directly responsible.
Considering this, the State indicates that the Supreme Court of Argentina has
established through its jurisprudence, general criteria that indicate under what
circumstances one can file for damages from the State based on unlawful
administration of justice. Nevertheless, the State clarifies that the Court has
not intervened, specifically, in cases related with the alleged unreasonable
duration of judicial proceedings. Based on this, the State affirms that a
demand for damages from the provincial government constitutes, in the
present case, the appropriate remedy to be exhausted by the petitioner.
20.
The State additionally alleges that the purpose of the complaint
which the petitioner lodged with the Office of the Inspector General of the
Supreme Court, was an investigation of Labor Tribunal No. 3, and to impose
sanctions for its negligence and delays. The State indicates that Mr. Spoltore
made a mistake in the procedural path that he pursued. The function of the
Supreme Court is not to adjudicate reparations to a petitioner for injuries
2 The State indicates that Article 1112 of the Civil Code of the Republic of Argentina
specifically refers to damages caused by acts or omissions committed by civil servants in
the exercise of their duties for unduly fulfilling their legal obligations.