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the very least, the exceptions set out in Article 46 (2) (a) and (c) of the Convention dealing with
the rule of prior exhaustion are applicable to this case. The Government contends, on the other
hand, that the domestic judicial system offers better alternatives. That difference inevitably leads
to the issue of the effectiveness of the domestic remedies and judicial system taken as a whole,
as mechanisms to guarantee the respect of human rights. If the Court, then, were to sustain the
Government's objection and declare that effective judicial remedies are available, it would be
prejudging the merits without having heard the evidence and arguments of the Commission or
those of the Government. If, on the other hand, the Court were to declare that all effective
domestic remedies had been exhausted or did not exist, it would be prejudging the merits in a
manner detrimental to the State.
95.
The issues relating to the exhaustion and effectiveness of the domestic remedies applicable
to the instant case must, therefore, be resolved together with the merits.
96.
Article 45 (1) (1) of the Rules of Procedure states that "(t)he judgment shall contain: (1) a
decision, if any, in regard to costs." The Court reserves its decision on this matter, in order to
take it up together with the merits.
NOW, THEREFORE, THE COURT:
unanimously,
1.
Rejects the preliminary objections interposed by the Government of Honduras, except for
the issues relating to the exhaustion of the domestic legal remedies, which are herewith ordered
joined to the merits of the case.
unanimously,
2.
Decides to proceed with the consideration of the instant case.
unanimously,
3.
Postpones its decision on the costs until such time as it renders judgment on the merits.
Done in Spanish and English, the Spanish text being authentic, at the seat of the Court in San
José, Costa Rica, this 26th day of June, 1987.
Thomas Buergenthal
President