the Convention;” and b) regarding the submission of the case to the Court, that that
decision is within the “purview” of the Commission and that in this case it had granted
extensions to the State “without the State presenting concrete, detailed information.”
25.
The Court has indicated that in matters under its consideration, it has the
authority to review the lawfulness of the Commission's actions, but this does not
necessarily mean reviewing ex officio the proceedings that took place before the
Commission. In addition, the Court must maintain a fair balance between the protection
of human rights—the ultimate goal of the inter-American system—and the legal certainty
and procedural fairness that ensure the stability and reliability of international
protection. This review can occur, then, in those cases in which one of the parties argues
that a serious error has violated its right of defense, in which case the party concerned
must effectively prove that harm. A complaint or difference of opinion in relation to the
Inter-American Commission’s actions is not sufficient. 12
26.
The Court recalls that the Convention does not demand an express act on the
part of the Commission regarding the admission of a complaint, and, for that reason, it
does not regulate the content of Admissibility Reports. Without prejudice to the
foregoing, the motivation in the Commission’s reports enables the State to know that its
defenses were considered by that body as it made its decision, though a detailed
response to every single argument of the parties is not required. 13
27.
This Court notes that it is true that the Commission did not explicitly address the
failure to present the remedy of habeas corpus either in the Admissibility Report or in
the Merits Report. However, the Commission considered a brief that was reportedly
presented in September 1995 to the court hearing the criminal trial against Mr. Carranza
to be an appropriate action for contesting his deprivation of liberty. The Court
understands that neither the Admissibility Report nor the Merits Report lacked
motivation. A reading of both of them shows that, in the view of the Commission, the
September 1995 brief was sufficient, so it did not need to explicitly address habeas
corpus in its decisions. Whether the State shares the Commission’s view on this is
another question, but as has already been noted, a simple difference of opinion is not
sufficient to prompt a review of the Commission’s actions (supra para. 25).
28.
Furthermore, the Court notes that the State claimed that the Commission’s
assertion in the Merits Report that the September 1995 brief was not considered by the
justice system “does not correspond to the procedural facts.” This disagreement by the
State with the views of the Commission refers to aspects of the merits of the case.
29.
What remains to be considered is the State’s argument on the lack of adequate
time to comply with the Commission’s recommendations. In accordance with Articles 50
and 51 of the Convention, the Commission is responsible for assessing whether the State
complied with the recommendations and, if applicable, whether it will refer the case to
the Court. Once the legal proceedings have begun, the Court must determine whether
Cf. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 28, 2007. Series C No. 172, para. 32 and Case of Women Victims of Sexual Torture in
Atenco v. Mexico. Preliminary Objection, Merits, Reparations, and Costs. Judgment of November 28, 2018.
Series C No. 371, para. 23.
12
In that regard, the considerations made by this Court in its case law are pertinent: cf. Case of Apitz
Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of August 5, 2008. Series C No. 182, para. 90, and Case of Rico v. Argentina.
Preliminary Objection and Merits. Judgment of September 2, 2019. Series C No. 383, para. 75.
13
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