5
with this Court, should have been referred to by means of the specific action that exists
within the Venezuelan legislation, which is, that of pecuniary claims against the Republic,
with all the requirements that such action implies (article 5, numeral 24, consistent with
the first paragraph of the same article, all of them of the Organic Law of the Supreme
Tribunal of Justice of Venezuela4).
In view of the fact that all of the foregoing is by no means intended to be exhaustive in
relation to the possibilities existing within the Venezuelan domestic legislation, I must
point out that there are, apart from said actions, other remedies within the Venezuelan
criminal jurisdiction, which, as has been alleged by the Venezuelan State, were not fully
exhausted. A brief comment regarding such remedies will be made below.
The domestic remedies described, in the opinion of the undersigned, comply with the
requirements of the Convention, according to which States Parties have the obligation to
provide effective legal remedies to the alleged victims of human rights violations (article
25), and to substantiate such remedies pursuant to the rules of due process of law (article
8.1), all of that in accordance with the general obligation of States Parties to ensure to all
persons subject to their jurisdiction the free and full exercise of the rights enshrined in the
Convention (article 1.1).
It spring from the court records followed before this Court, when compared to the what
has been alleged herein, that the alleged victims did not effectively exhaust those
remedies tending to the protection of human rights, the reparation of damage, among
other things, provided for by domestic law , which under the terms of articles 46.a and 47
of the American Convention on Human Rights (1969)5, constitute grounds of
inadmissibility, which in my opinion, was an issue of international public law verifiable,
even unofficially, by the Commission6 or the Court, even when, as has been mentioned,
this preliminary objection was initially raised by the Venezuelan State before this Court at
the moment of answering the application.
It is then that only upon the exhaustion of these remedies (and bearing in mind the
proper consistency and connection that must exist between the petition made
before the domestic courts and the petition that should be made before the
4
Article 5
“ The competences of Supreme Tribunal of Justice, as the highest Tribunal of the Republic are:
…omissis...
24. To know the demands proposed against the Republic, States, Municipalities or any Autonomous Institute,
Public Entity or Company in which the Republic exerts a decisive and permanent control in terms of direction or
administration, if its value exceeds the 70,001 tax unit)
…omissis...
The Tribunal shall hear in its Plenary Division the matters referred to in this article, numerals 1 to 2. The
Constitutional Division shall hear the matters provided for in numerals 3 to 23. The Political Administrative
Division shall hear the matters provided for in numerals 24 to 37. The Penal Cassation Division shall hear the
matters provided for in numerals 38 to 40. The Civil Cassation Division shall hear the matter provided for in
numerals 41 to 42. The Social Cassation Division shall hear the matters provided for in numerals 43 to 44. The
Electoral Division shall hear the matters provided for in numerals 45 and 46. The matters provided for in
numerals 47 to 52 shall be heard by the division corresponding to the matter in question.
5
Article 46 1. Admission by the Commission of a petition or communication lodged in accordance with Articles
44 or 45 shall be subject to the following requirements: that the remedies under domestic law have been
pursued and exhausted in accordance with generally recognized principles of international law; (…)
Article 47 The Commission shall consider inadmissible any petition or communication submitted under Articles
44 or 45 if: a) any of the requirements indicated in Article 46 has not been met; (…)
6
According to article 31 (1) of the Rules of Procedure of the Inter-American Commission on Human Rights, the
Commission shall verify whether the remedies of the domestic legal system have been pursued and exhausted.
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