89. Therefore, based on the foregoing, the undersigned voted against the first operative paragraph of the judgment rejecting the preliminary objection filed by the State concerning the failure to exhaust domestic remedies.65 90. But, also, the undersigned considers that, consequently, he had to vote negatively on all the other operative paragraphs because he considers, on the one hand, that if the objection had been accepted, there would have been no reason to vote on them and, on the other hand, that despite this he should respect the provisions of Article 16(1) of the Rules of Procedure; in other words, he was not able to abstain.66 It should be understood, therefore, that the votes against operative paragraphs 2 to 12 do not, in reality, entail a ruling on their content and that the votes in favor of operative paragraphs 13 to 15 respond to the fact that they are exclusively concerned with procedural aspects of the subsequent processing of the judgment, which as previously state, must be complied with.67 Eduardo Vio Grossi Judge Pablo Saavedra Alessandri Secretary 65 Supra, footnote 2. “The President shall present, point by point, the matters to be voted upon. Each Judge shall vote either in the affirmative or the negative; there shall be no abstentions.” 66 67 Supra para. 16 of this opinion. 20

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