alleged violation, and that he should have initiated a lawsuit for economic
injury against the provincial government for the alleged delay of justice caused
by Labor Tribunal No. 3.
5.
The State also argues that, to some degree, the delay could
have been avoided if the petitioner himself had urged the case forward
appropriately. The State further alleges that the special appeals filed by the
petitioner with the Supreme Court of Buenos Aires Province—the recurso de
inaplicabilidad and the recurso de nulidad—are not the appropriate means to
claim reparations for damages caused to an individual as the result of an
alleged delay by the Tribunal. The State therefore argues that the case should
be declared inadmissible.
6.
According to the provisions of Articles 46 and 47 of the
American Convention, as well as Articles 30 and 37 of its Rules of Procedure,
and after analyzing the positions of the parties, the Commission decided to
declare the petition admissible. Therefore, the IACHR has decided to notify
the parties of its decision and to continue to analyze the merits of the case
regarding alleged violations of Articles 8(1) (right to a fair trial) and 25 (right
to judicial protection), in relation to Article 1(1) (obligation to respect rights)
of the American Convention. The Commission has also decided to notify both
parties of its decision, to publish this decision, and to include it in its Annual
Report to the General Assembly of the Organization of American States.
II.
PROCESS BEFORE THE COMMISSION
7.
The petitioner filed the complaint with the Executive
Secretariat of the Commission on September 11, 2000. The IACHR began to
process the petition on October 6, 2003, the date on which it transmitted the
relevant parts of the petition to the State and requested a response within two
months.
8.
In a message dated November 25, 2003, the State asked the
Commission for a one-month extension for the submission of its
observations. The extension of the deadline was granted on December 16 of
that year.
9.
On February 9, 2004, the petitioner submitted a brief indicating
that the State had failed to meet the deadline as it had not yet responded to
the Commission. In note SG 166 of June 17, 2004, the State submitted the
information requested by the Commission. This was transmitted to the
petitioner in a message dated September 2, 2004.