contentious-administrative jurisdiction does not, in itself, constitute a single and sufficient remedy
for the integral reparation of human rights violations. Thus, they indicated that, in its answering
brief, the State had alleged that there was an additional requirement for the victims to be able to
file a litigation before the Court in favor of and for the protection of their right to integral
reparation, suggesting that they only have one remedy in order to accede to this right and that
failure to exhaust it would be sufficient reason for the Court not to have competence to make a
ruling; thus, the guarantee concerning the right claimed would be denied. The fact that some of
the presumed victims have not had recourse to the contentious jurisdiction is not a sufficient
argument to deny them access to justice and to their right to reparation before the Court. In brief,
the State is presenting this analysis, using the mechanism established in Article 42 of the Rules of
Procedure, in order to exclude 18 victims who, as indicated, have been opportunely accredited by
both the Commission and the representatives.23
B.2. Considerations of the Court
33.
Article 46(1)(a) of the American Convention establishes that, in order to determine the
admissibility of a petition or communication lodged before the Inter-American Commission in
accordance with Articles 44 or 45 of the Convention, the remedies under domestic law must have
been pursued and exhausted, in accordance with generally recognized principles of international
law.24 The Court recalls that the rule of prior exhaustion of domestic remedies is conceived in the
interest of the State, because it seeks to exempt the latter from responding before an international
organ for acts that are attributed to it, before it has had the opportunity to remedy them by its
own means.25 The foregoing signifies not only that these remedies must exist formally, but also
that they must be adequate and effective, as a result of the exceptions established in Article 46(2)
of the Convention.26
34.
In addition, this Court has indicated consistently that an objection to the exercise of its
jurisdiction based on the supposed failure to exhaust domestic remedies must be filed at the
appropriate procedural moment;27 in other words, during the admissibility proceedings before the
Commission.28 In this regard, when arguing the failure to exhaust domestic remedies at that time,
the State must indicate the remedies that must be exhausted and their effectiveness. The Court
reiterates that the interpretation that it has given to Article 46(1)(a) of the Convention for over two
decades is in keeping with international law.29
35.
The second preliminary objection filed by the State refers to the suitability of the Colombian
contentious-administrative jurisdiction to be considered a remedy that, in the terms of Article 46 of
the Convention, must be exhausted, in this case by 18 of the presumed victims who have not had
23
The representatives also argued that the presumed victims of Santo Domingo who had not used the administrative
remedy suggested by the State were not exercising their right to reparation before this Court in order to enrich themselves,
and especially to obtain an advantage from their condition as victims. Simply, they had resorted to the Court based on the
obligations assumed by the Colombian State under the American Convention, which authorized and legitimated them to
claim for the damage arising from the human rights violations committed by State agents in this case. Brief of observations
on the preliminary objections of the State (merits file, tome 3, folio 876).
24
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C No. 1,
para. 85, and Case of Furlan and family members v. Argentina. Preliminary objections, merits, reparations and costs.
Judgment of August 31, 2012 Series C No. 246, para. 23.
25
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 61, and Case
of González Medina and family members v. Dominican Republic, para. 19.
26
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 63, and Case of Furlan and family members v.
Argentina, para. 23.
27
Case of Velásquez Rodríguez v. Honduras, Preliminary objections, para. 88, and Case of González Medina and
family members v. Dominican Republic, para. 21.
28
Cf. Case of Velásquez Rodríguez v. Honduras, Preliminary objections, para. 88, and Case of Mejía Idrovo v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of July 5, 2011. Series C No. 228, para. 29. See
also, Case of Grande v. Argentina. Preliminary objections and merits. Judgment of August 31, 2011. Series C No. 231,
footnote 14.
29
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary objections, merits, reparations and costs. Judgment of June
30, 2009. Series C No. 197, para. 22, and Case of Furlan and family members v. Argentina, para. 25.
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