by the parties to the civil action have contributed to making the proceeding more complex,
and have had an impact on its prolonged duration. 289
174. Nevertheless, the Court emphasizes that the parties to this proceeding, who include
the presumed victims in this case, were making use of appeals recognized by the applicable
laws in order to defend their interests in the civil proceeding, which per se cannot be used
against them. 290 The Court considers that the filing of appeals constitutes an objective factor
that should not be attributed to the respondent State and that must be taken into account
when determining whether the duration of the proceeding exceeded a reasonable time. 291
175. On the other hand, the case file before the Court does not reveal that the negligence
of either of the two parties was established. 292 Moreover, on at least six occasions, Messrs.
Mémoli requested the court to take action on some pending aspect 293 and, on three occasions,
1, folios 1937 to 1944); brief of February 10, 1998 (file of annexes to the answer, annex 1, folios 1813 to 1818); brief
of August 3, 1998 (file of annexes to the answer, annex 1, folio 1912); brief of October 8, 1998 (file of annexes to the
answer, annex 1, folio 1927 and 1928); brief of September 16, 2011 (file of annexes to the pleadings and motions
brief, annex 2, folio 1683); brief of April 3, 1998 (file of annexes to the answer, annex 1, folios 1891 to 1893); brief of
March 4, 2002 (file of annexes to the answer, annex 1, folios 2148 and 2149); brief of April 3, 2006 (file of annexes to
the answer, annex 1, folios 2481 and 2482); brief of April 24, 2006 (file of annexes to the answer, annex 1, folio
2494); brief of June 20, 2006 (file of annexes to the answer, annex 1, folio 2536); brief of August 11, 2006 (file of
annexes to the answer, annex 1, folio 2542); brief of February 15, 2012 (file of annexes to the pleadings and motions
brief, annex 2, folio 1715); brief of August 22, 2012 (merits file, annex G, folios 491 to 493); brief of September 12,
2012 (merits file, annex G, folios 494 and 495); brief of April 25, 2001 (file of annexes to the answer, annex 1, folios
2047 to 2049); brief of May 23, 2001 (file of annexes to the answer, annex 1, folios 2069 and 2070); brief of May 28,
2001 (file of annexes to the answer, annex 1, folio 2072); brief requesting revocation of a decision (file of annexes to
the answer, annex 1, folio 2124); brief of September 16, 2004 (file of annexes to the answer, annex 1, folios 2217
and 2218); brief of November 6, 2009 (file of annexes to the answer, annex 1, folios 2685 and 2686); brief of
November 23, 2009 (file of annexes to the answer, annex 1, folios 2701 to 2703); brief of March 23, 2010 (file of
annexes to the answer, annex 1, folios 2722 to 2726); brief of September 30, 2011 (file of annexes to the pleadings
and motions brief, annex 2, folio 1685); brief of October 25, 2004 (file of annexes to the answer, annex 1, folios 2238
and 2239); decision of December 20, 2001 (file of annexes to the answer, annex 1, folio 2137); decision of October 6,
2004 (file of annexes to the answer, annex 1, folio 2219); decision of October 22, 2004 (file of annexes to the
answer, annex 1, folio 2236); decision of July 27, 2005 (file of annexes to the answer, annex 1, folio 2245); decision
of March 20, 2003 (file of annexes to the answer, annex 1, folios 2167 and 2168); brief of March 3, 2006 (file of
annexes to the answer, annex 1, folio 2454); brief of June 12, 2008 (file of annexes to the answer, annex 1, folio
2621); brief of October 18, 2006 (file of annexes to the answer, annex 1, folio 2566); brief of December 1, 2006 (file
of annexes to the answer, annex 1, folio 2582); brief of October 8, 2010 (file of annexes to the pleadings and motions
brief, annex 2, folios 1654 and 1655), and brief of November 19, 2011 (file of annexes to the pleadings and motions
brief, annex 2, folio 1698).
289
In this regard, see ECHR, Stoidis v. Greece, no. 46407/99, § 18, 17 May 2001.
290
Mutatis mutandi, Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs, supra, para. 79. See
also, ECHR, Kolomiyets v. Russia, no. 76835/01, § 29, 22 February 2007, and Eckle v. Germany, no. 8130/78, §
82, 15 July 1982, Series A no. 51.
291
Cf. ECHR, Eckle v. Germany, no. 8130/78, § 82, 15 July 1982, Series A no. 51; Poiss v. Austria, no.
9816/82, § 57, 23 April 1987, Series A no. 117, and Wiesinger v. Austria, no. 11796/8, § 56, 30 October 1991,
Series A no. 213.
292
On one occasion, the negligence of the presumed victims was decided, a decision that was subsequently
annulled by the same judge. Cf. Decision of September 23, 2009 (file of annexes to the answer, annex 1 folios
2663 and 2664), and decision of February 5, 2010 (file of annexes to the answer, annex 1, folio 2707). On another
occasion, the presumed victims received a disciplinary admonition, but that was due to the obligation to observe
proper decorum in their pleadings and there is no record that it had any impact on the duration of the proceeding.
Cf. Decision of April 19, 2006 (file of annexes to the answer, annex 1, folio 2493); decision of February 5, 2010
(file of annexes to the answer, annex 1, folio 2707); brief of April 24, 2006 (file of annexes to the answer, annex 1,
folio 2494); decision of April 24, 2006 (file of annexes to the answer, annex 1, folio 2495); brief of April 25, 2006
(file of annexes to the answer, annex 1, folio 2498), and decision of April 28, 2006 (file of annexes to the answer,
annex 1, folio 2500).
293
Cf. Brief of April 27, 2005 (file of annexes to the answer, annex 1, folio 2255); brief of June 1, 2005 (file
of annexes to the answer, annex 1, folio 2257); brief of November 30, 2007 (file of annexes to the answer, annex
1, folio 2614); brief of March 23, 2010 (file of annexes to the answer, annex 1, folios 2722 to 2726); brief of July
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