suffered, but merely to rule on the performance of civil servants, and if
necessary, determine disciplinary sanctions.
21.
The State indicates that the Supreme Court of the Buenos Aires
Province has acknowledged the existence of specific delays attributable to the
Clerk of the Court. This is particularly true regarding the remission of cases
to the Office of Expert Advice and in the preparation, signing, and sealing of
official documents that should accompany the transfer of the psychological
report attached to the case file. The State argues that to some degree, these
delays could have been avoided if the petitioner had pushed the case forward
appropriately.
22.
The State also indicates that the petitioner raised the issue of an
unjustified delay in the administration of justice in the two remedies that he
pursued before the Supreme Court of Buenos Aires Province, seeking
indemnification for damage caused: the recurso de inaplicabilidad (appeal for
reversal of a decision which contradicts established doctrine); and the recurso
de nulidad (motion to vacate based on procedural violations of the lower court
trial). As for the recurso de inaplicabilidad, the State clarifies that this is a
remedy whose purpose is to verify, and if indicated, correct errors of law that
may have been committed by appeals courts and single instance three-judge
courts when handing down a judgment. As for the recurso de nulidad, the
State indicates that this is a remedy whereby the Supreme Court of the
Province of Buenos Aires would overturn judgments that were handed down
without respect for the formal requirements established by the provincial
Constitution. Thus the State reiterates that in no way are these special
remedies—the recurso de inaplicabilidad and the recurso de nulidad—
appropriate means of attaining reparations for damages caused by a delay of
justice, as the Tribunal is alleged to have committed.
23.
The State reiterated that the petition contains no elements of fact
or law that would imply a violation of the rights or guarantees recognized by
the Convention. Not only did the petitioner fail to make proper use of the
remedies available under domestic law, but the facts alleged in his complaint
fail to substantiate his petition. Therefore, the State requested that the
Commission declare the petition inadmissible.
IV.
A.
ADMISSIBILITY
Competence of the Comission ratione personae, ratione
materiae, ratione temporis, and ratione loci
24.
The petitioner is entitled under Article 44 of the American
Convention to lodge complaints before the Commission. The petition states