12
these amici curiae to the Commission, the representatives, the State, and the
persons, organizations and institutions.
V
PRELIMINARY OBJECTIONS
55.
The State filed the following preliminary objections: “[…] failure to exhaust
the State’s domestic remedies […]” and “[n]on-compliance with the friendly
settlement [proposal] presented by the Commission and accepted by the State […]”
in its brief answering the application. Subsequently, during the public hearing held at
the seat of the Court on March 14 and 15, 2005, the State alleged the preliminary
objection of the Court’s “[l]ack of competence ratione temporis.”
*
*
*
FIRST PRELIMINARY OBJECTION
Failure to exhaust the State’s domestic remedies
Arguments of the State
56.
The State argued that:
a)
This preliminary objection was duly filed before the Inter-American
Commission during the first stages of the proceeding as evidenced by, among
other elements, “documents and communications prepared by the State[,
such as] the note dated September 28 1999 [submitted to the Commission on
September 30, 1999; the [record of the hearing [held on] October 5, 1999,
[...] at the seat of the [Commission, and the] note of November 22, 1999
[submitted to the Commission on December 1, 1999].” Even though this
objection was rejected by the Commission, the Court is competent to hear it;
b)
The most appropriate domestic remedy in this case is the hierarchic
recourse that exists in administrative law, established in article 1 of Act No.
1494 of August 2, 1947. This remedy should be filed before the superior
administrative instance to the one that committed the alleged violation, in
this case the Central Electoral Board. The alleged victims did not make use of
this remedy;
c)
The Public Prosecutor’s intervention is part of the late declaration
procedure and is not an instance before which a remedy should be filed.
“When a procedure is carried out before a civil status registrar, the latter (not
the parties) forwards the file to the Public Prosecutor so that the latter may
issue his opinion and the court of first instance decides whether or not to
ratify the late declaration.” The action filed by the representatives before the
Public Prosecutor of the Judicial District of the Province of Monte Plata on
September 11, 1997, does not constitute filing a hierarchic recourse. In these
procedures, this step is only deemed to be a consultation, so that the Public
Prosecutor may make a recommendation to the court of first instance
designated to hear the late declaration proceeding;”
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