of Education. There, a Special Subcommittee of Supervisors was formed “to
conduct an exhaustive inquiry into the complaint and to be able to institute a
summary administrative proceeding against the accused teacher,”24 who, as
the law requires, was punished with dismissal.
28.
In response to the petitioners’ allegation that the exception to the rule
requiring exhaustion of domestic remedies should be applied on the grounds
that the domestic remedies are neither effective nor suitable, the State cites
the jurisprudence of the Inter-American Court to the effect that “[I]t must not
be rashly presumed that a State Party to the Convention has failed to comply
with its obligation to provide effective domestic remedies.”25 The State is
therefore asking the Commission to shift the burden of proof and place it on
the petitioners instead, since it has already shown that internal remedies are
available to address the human rights violations alleged.
29.
The State argues that the supposed violation is neither attributable to
nor the fault of a State agent, since it is a universally recognized principle that
States are only internationally responsible for their own acts or crimes. Thus,
it argues, it is not guilty of any action or omission that could compromise its
international responsibility, since the acts alleged in the present petition
cannot be blamed on or attributed to the State.
30.
The State observes that since this was a relationship between private
individuals, the Ecuadorian State’s only involvement has been to administer
justice effectively and efficiently; the records of the proceedings show that the
State has abided by the law.
31.
For all the foregoing reasons, the State is asking that the Commission
declare this petition inadmissible, as it does not satisfy the requirements set
forth in articles 46 and 47 of the American Convention. It is therefore
requesting that the Commission declares, based on articles 27, 28 and 31 of
Note No. 4-2-277/07 of the Ministry of Foreign Affairs of Ecuador, November 16,
2007.
25
In this regard, the State cites the Velázquez Rodríguez Case, para. 60. See I/A
Court H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C No. 4.
Note Nº 4-2-277/07 from the Ministry of Foreign Affairs of Ecuador, dated
November 16, 2007.
24
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