that occurred in Ecuador between October 4, 1983 and December 31, 2008” (hereinafter “Law
for the reparation of victims”), which “regulate[d] comprehensive reparation for victims.” In
doing so, the law delegated powers to different public entities, in particular to the
Ombudsman’s Office, which is in charge of the reparations program that falls under the
administrative jurisdiction.
20. The State said that as Ecuador “has a reparation mechanism for victims that guarantees
people’s rights,” the Court “should not declare that it has jurisdiction to hear the case, since
its involvement would undermine all the national reparation proceedings carried out.” It added
that the Court “should accept the preliminary objection with respect to the subsidiary nature
of the Inter-American System, and allow the State to make domestic reparation through its
own legal mechanisms.”
21. The representative argued that the family of Joffre Aroca had waited more than twenty
years for the State to fulfill its obligation to make comprehensive reparation for its
responsibility for the extrajudicial execution of the alleged victim. He maintained that, were
the State to be allowed “at this time” to make “‘supposed’ reparation through its domestic
mechanisms,” “the [alleged] victims would be left without the protection of the only body that
can put an end to the impunity that has prevailed for so many years.” He asked the Court to
“dismiss” the preliminary objection.
22. The Commission suggested that the State’s argument was not, in fact, a preliminary
objection, but rather a substantive aspect, because in order to respond to it “the elements of
[the] domestic [reparation] mechanisms would have to be analyzed in light of the international
standards of justice, truth and reparation.” It pointed out that the Truth Commission and the
controls established in the Law for the reparation of victims were put in place after the
Admissibility Report had been issued, but the State had not presented arguments regarding
its application before the issuance of the Merits Report.
23. It added that the principle of the subsidiary nature of the Inter-American System “does
not mean that states should have unlimited opportunities to resolve a matter,” because, once
a state has had the opportunity to respond to an alleged violation “but has failed to do so, it
must be understood that the principle of subsidiarity no longer applies.” Otherwise, an
excessive burden would be placed on the victims who, “having received a rejection at the
domestic level, [would] need to continue attempting to obtain a favorable response.” It argued
that the principle of subsidiarity should be taken into consideration as a matter of priority in
the admissibility stage of a case, so that, once the matter has been admitted, “the progress
made by the state may be taken into account when establishing reparations.” It asked the
Court to “dismiss” the preliminary objection.
B. Considerations of the Court
24. The Court recalls that, in accordance with its case law, it will only consider as preliminary
objections those arguments that have, or that might have exclusively those characteristics, in
terms of their content and purpose; that is, if favorably resolved, they would prevent the
continuation of the proceedings or a ruling on the merits. 10 The Court has consistently held
that through a preliminary objection, matters are raised concerning the admissibility of a case
or the Court’s jurisdiction to hear a specific case or of one of its aspects, owing to the person,
matter, time or place. 11 Accordingly, regardless of whether the State defines an approach as
Cf. Case of Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
May 26, 2010. Series C No. 213, para. 35, and Case of Habbal et al. v. Argentina. Preliminary objections and merits.
Judgment of August 31, 2022. Series C No. 463, para. 21.
11
Cf. Case of Las Palmeras v. Colombia. Preliminary objections. Judgment of February 4, 2000. Series C No. 67,
para. 32, and Case of Habbal et al. v. Argentina, supra, para. 21.
10
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