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more real the possibility of putting forward the exemption from liability due to the
existence of force majeure in the delivery of public utilities.
The undersigned does not wish to conclude with this dissenting opinion without pointing
out that the violence that existed in Venezuela during the occurrence of the facts analyzed
in the case was deplorable; but it has been proven in the foregoing paragraphs that the
domestic courts did not have the opportunity to try to find a solution to the conflict
brought to the Court’s attention, using its standards, virtues and defects. Only after
proving that the proceedings of the State were unsatisfactory or showing that the
domestic remedies were not suitable to satisfy the claims is that this matter could have
been brought to the jurisdiction of the Inter-American system of protection. Doing the
opposite would mean to empty the Venezuelan system of justice.
Based on the foregoing, I feel I have the duty and obligation to dissent from the judgment
and I hereby present my opinion with the utmost respect for those who have a different
point of view.
It is expressed, in this way, my reasoning to support my dissenting opinion in this case.
Date ut supra .
Pablo Saavedra Alessandri
Secretary
Pier Paolo Pasceri
Judge ad hoc
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