33
110. In my opinion, had Mr. Alibux, at any moment, had access to a simple, prompt,
appropriate, and effective remedy before a judge or competent tribunal, 160 and had such
remedy been substantiated in accordance with the rules of the due process of law, 161 and
had, in conformance with Article 25(2)(a) and (b) of the American Convention, the
possibilities of judicial remedy been developed, 162 the controversies raised in this case
would have been resolved at the domestic level, and the violations of his rights been
promptly repaired and amended in domestic courts. In this manner, the instant case would
have never come to the attention of the Inter-American Court, since Mr. Alibux would have
never been placed in a situation of defenselessness in the absence effective judicial
remedies.163
2) The absence of an effective judicial remedy to hear the claims regarding conformity with
the Convention, constitutionality, and legality raised by Mr. Liakat Ali Alibux
111. On another note, Mr. Alibux argued to the High Court of Justice of his country,
among other things, that Article 140 of the Constitution and the Indictment of Political
Office Holders Act were inconsistent with Article 14(5) of the Covenant on Civil and Political
Rights and Article 8(2)(h) of the American Convention for creating a process in a single
instance before said High Court of Justice.164 In this regard, in the Judgment, the InterAmerican Court found that the alleged damages suffered by Mr. Alibux were encompassed
within the aforementioned violation of the right to appeal the judgment and that it should
be declared as violated. As a result, the Inter-American Court did not deem it necessary to
make additional determinations with respect to the violation of the right to judicial
protection set forth in Article 25 of the American Convention, as the consequences of the
damages described in his allegations were subsumed in the considerations in the Judgment
in relation to Article 8(2)(h),165 regarding the right to appeal the judgment to a higher court
or judge.
112. As noted above, had the Inter-American Court considered the integrative dimension
of rights and its implications in a model of exercising control for conformity with the
Convention in the present case, it would have been able to reach different conclusions with
respect to Article 25 of the American Convention.
113. First, the differences between the right set forth in Article 8(2)(h) of the American
Convention and the right to judicial protection established in Article 25 thereof (supra,
paras. 59 to 68) would have brought about the independent declaration of a violation of the
latter.
160
Cf. Case of Velásquez Rodríguez V. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 63;
and Case of Mejía Idrovo V. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 5,
2011. Series C No 228, para. 91.
161
Cf. Case of Godínez Cruz V. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C No. 3,
para. 93, and Case of Mohamed V. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 23, 2012. Series C No. 255, para. 82.
162
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 78.
163
Cf. Case of the Constitutional Court V. Perú. Merits, Reparations and Costs. Judgment of January 31,
2001. Series C No. 71, para. 89; and Case of “Five Pensioners” V. Perú. Merits. Reparations and Costs. Judgment
of February 28, 2003. Series C No. 98, para.126.
164
Cf. Para. 117 of the Judgment.
165
Cf. Para. 119 of the Judgment.
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