December 28, 1977, and recognized the Court's contentious jurisdiction on July 24, 1984.
IV
PRELIMINARY OBJECTION
16. In this case, the State presented a preliminary objection that it called "lack of jurisdiction
of the Court [...] because of the subject matter and the use of the [Inter-American Human
Rights System] as a fourth instance," which will be analyzed below.
A. Arguments of the parties and the Commission
17. The State alleged that the alleged victim's intention is to use the Inter-American System
"as an appellate jurisdiction," since its international claim "is based on disagreement with the
decisions made" by the national instances in the administrative and constitutional fields,
including the resolution of the Disciplinary Tribunal of the National Police, the judgments
handed down in the constitutional amparo and protection action proceedings, and the
judgment issued in the unconstitutionality action. The State pointed out that the allegations
presented by the alleged victim's representative "clearly demonstrate the questioning of the
evidentiary assessment made by the national judicial authorities,” as well as with respect to
"the application of domestic law in relation [to] the assessment of the rules used for the
imposition of the administrative penalty." The State added that the mere dissatisfaction of
the interested party with the decisions made at the domestic level does not empower the
Court to review such measures since it is not an appellate court. It requested that the
preliminary objection raised by the opposition be accepted.
18. The Commission indicated that, contrary to the State's arguments, the alleged victim
has not invoked a "mere disagreement" with the decisions of the domestic jurisdiction, but
has alleged various human rights violations in the processing of the disciplinary process to
which he was subjected and which led to his dismissal from the National Police. The
Commission stated that it is not the intention of the alleged victim or the Commission for the
Court to review the judgments issued by national authorities, but rather for the violations
committed to be declared, which "must be clarified on the merits." It requested that the
preliminary objection be dismissed. The representatives, for their part, submitted their
observations extemporaneously.
B. Considerations of the Court
19. This Court has indicated that, to determine whether the actions of judicial organs
constitute a violation of the State’s international obligations, the Court will proceed to examine
the respective domestic proceedings. In order to establish its compatibility with the American
Convention.9 Consequently, the Court is not a fourth instance of judicial review, insofar as it
examines the conformity of internal judicial decisions with the American Convention and not
with domestic law. In this case, the Court notes that both the Commission and the
representatives have presented allegations of violations of rights recognized in the American
Convention, allegedly perpetrated by the State, specifically related to domestic proceedings.
Thus, the Court's settled case law indicates that the determination of whether or not the
actions of judicial authorities constitute a violation of the international obligations of the State
may lead the Court to examine the respective domestic proceedings to establish their
9
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 222, and Case of Digna Ochoa et al. v. Mexico. Preliminary exceptions, merits,
reparations, and costs. Judgment of November 25, 2021. Series C No. 447, para. 38.