time referred to in Article 8.1 of the Convention must be analyzed in relation to the total duration of
the proceeding until a final judgment is rendered.”161
96.
The IACHR notes that the suit for damages lasted from December 18, 1990, the
date of the filing of the complaint, until November 23, 2000, the date the final judgment was
rendered. In the present case, the IACHR must also take into consideration that the judgment
execution stage took another two years, until December 17, 2002, when the bonds were credited
to the account of the plaintiff as the damages award. Therefore, a period of at least twelve years,
from the time the complaint was filed until the bonds were credited, constitutes the period of time
under examination by the IACHR in order to determine reasonableness.
97.
The IACHR also finds it necessary to recall that the right to judicial protection would
prove to be illusory if domestic law allowed a binding final judicial decision to remain ineffective to
the detriment of one of the parties.162 Furthermore, “judgment enforcement is part of the legal
process —the due process of the law— and, hence, the States must ensure that said enforcement is
carried out within a reasonable time”.163
98.
Additionally, the bodies of the Inter-American human rights system have referred to
the elements that must be taken into account to determine reasonableness of time in a case –and
thereby be able to determine whether the State has provided a “simple and prompt recourse” with
due process guarantees within a reasonable time. These elements are: a) the complexity of the
matter; b) the procedural activities carried out by the interested party; and c) the conduct of the
judicial authorities.164 The Court has also established that in addition to these elements, the interest
at stake and the adverse effect caused by the duration of the proceeding on the situation of the
person involved must be taken into consideration, as is stated hereunder:
In addition, the Court finds it pertinent to clarify that, in this analysis of reasonableness, the
adverse effect of the duration of the proceedings on the judicial situation of the person
involved in it must be taken into account; bearing in mind, among other elements the matter
in dispute. If the passage of time has a relevant impact on the judicial situation of the
individual, the proceedings should be carried out more promptly so that the case is decided as
soon as possible. 165
161
IA Court HR, Case 11.400, Merits, Josefina Ghiringhelli De Margaroli y Eolo, Margaroli, Argentina, March 16,
2009, para. 90, citing the I/A Court H.R., Case of Salvador Chiriboga v. Ecuador. Preliminary Objection and Merits.
Judgment of May 6, 2008. Series C No. 179, para. 56; I/A Court H.R., Case of Suárez Rosero v. Ecuador. Judgment of
November 12, 1997. Series C No. 35, para. 70; I/A Court H.R., Case of López Álvarez v. Honduras. Judgment of February 1,
2006. Series C No. 141, para. 129; and I/A Court H.R., Case of Acosta Calderón v. Ecuador. Judgment of June 24, 2005.
Series C No. 129, para. 104.
162
I/A Court H.R., Case of Acevedo Jaramillo et al v. Peru. Judgment of February 7, 2006. Series C No. 144, para.
219, citing ECHR, Antoneeto v. Italy, no. 15918/89, para. 27, ECHR, July 20, 2000; Immobiliare Saffi v. Italy [GC], no.
22774/93, para. 63, ECHR, 1999-V; and Hornsby v. Greece. Judgment of 19 March 1997, ECHR, Reports of Judgments
and Decisions 1997-II, para. 40.
163
Reasoned Opinion of Judge A.A. Cançado Trindade to IA Court H/R Judgment in the Jaramillo case, para. 3.
164
IACHR, Report Nº 100/01, Case 11.381, Milton García Fajardo et al, Nicaragua, October 11, 2001. I/A Court
H.R., Case of Genie Lacayo v. Nicaragua. Judgment of January 29, 1997. Series C No. 30, para. 77; I/A Court H.R., Case of
Suárez Rosero v. Ecuador. Judgment of November 12, 1997. Series C No. 35, para. 72; I/A Court H.R., Case of Bayarri v.
Argentina. Preliminary Objection, Merits, Reparation and Costs. Judgment of October 30, 2008. Series C No. 187, para.
107; and I/A Court H.R., Case of Valle Jaramillo et al v. Colombia. Merits, Reparation and Costs. Judgment of November 27,
2008. Series C No. 192, para. 155.
165
I/A Court H.R., Case of Valle Jaramillo et al v. Colombia. Merits, Reparations and Costs. Judgment of November
27, 2008. Series C No. 192, para. 155. Also see, I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits,
Reparations and Costs. Judgment of April 3, 2009 Series C No. 196, paras. 112 and 115; I/A Court H.R., Case of Anzualdo
Castro v. Peru. Preliminary Exception, Merits, Reparations and Costs. Judgment September 22, 2009. Series C No. 202,
para. 156; I/A Court H.R., Case of Garibaldi v. Brazil. Preliminary Exceptions, Merits, Reparation and Costs. Judgment of
September 23, 2009. Series C No. 203, para. 133; I/A Court H.R., Case of Radilla Pacheco v. Mexico. Preliminary