functions of a court of “fourth instance.” The Court will decide if, in the case
concerned, the State violated a right protected by the Convention, thereby incurring
international responsibility. This implies that the Court is not a court of appeals that
is able to settle the disagreements of the parties regarding the scope of the
application of domestic law in areas that are not directly related to compliance with
international human rights obligations. It is for this reason that the Court has
maintained that, in principle, “the courts of the State are expected to examine the
facts and evidence submitted in particular cases.” 7 The foregoing implies that upon
assessing the compliance of certain international obligations, such as guaranteeing
that a domestic legal judgment be duly complied with, there is an intrinsic
relationship between the analysis of international law and that of domestic law.8
19.
The Court has affirmed that preliminary objections are actions that seek to
prevent an analysis of the merits of the matter in question, by way of an objection
regarding the admissibility of an application or the jurisdiction of the Court to hear a
specific case or any part of it, based on the person, matter, time, or place, when said
arguments are of a preliminary nature.9 If these actions cannot be assessed without
also analyzing the merits of the case, they cannot be analyzed under a preliminary
objection.10
20.
Given the foregoing, and in consideration of the alleged objection filed
regarding “fourth instance,” the Court must verify if in the steps effectively taken at
the domestic level there was a violation of international obligations of the State
derived from Inter-American instruments that grant the Court jurisdiction. The Court
deems it timely to note, as it has done before in its jurisprudence,11 that in
ascertaining whether the actions of judicial bodies constitute a violation of the State’s
international obligations, this may lead the Court to examine the domestic
proceedings in order to establish compatibility with the American Convention, and in
that case, the domestic proceedings must be considered as a whole. In this case, the
Court must analyze the merits of the case.
21.
The Court notes that, in its observations of July 10, 2006, in the proceeding
before the Commission, the State filed the objection of court of appeals, affirming
that “the nonconformity alleged by the petitioner with the domestic judicial decision
7
Case of Nogueira of Carvalho et al. v. Brazil. Preliminary Objections and Merits. Judgment of
November 28, 2006. Series C No. 161, para. 80; Case of Cabrera García and Montiel Flores V. México,
supra note 5, para. 16.
8
Cf. Case of Cabrera García and Montiel Flores V. México, supra note 5, para. 16.
9
Cf. Case of Las Palmeras v. Colombia. Preliminary Objections. Judgment of February 4, 2000.
Series C No. 67, para. 34; Case of Manuel Cepeda Vargas V. Colombia. Preliminary Objections, Merits,
Reparations and Costs. Judgment on May 26, 2010. Series C No. 213, para. 35, and Case of Gomes Lund
et al. (Guerrilha do Araguaia) V. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 24, 2010. Series C No. 219, para. 11.
10
Cf. Case of Castañeda Gutman v. México. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 39; Case of Gomes Lund et al. (Guerrilha do
Araguaia) V. Brazil, supra note 9, para. 17, and Case of Cabrera García and Montiel Flores V. México,
supra 5, para. 17.
11
Cf. Case of the “Street Children”(Villagrán Morales et al.) v. Guatemala. Merits. Judgment of
November 19, 1999. Series C No. 63, para. 222; Case of Gomes Lund et al. (“Guerrilha Do Araguaia) v.
Brazil, supra note 9, para. 49, and Case of Cabrera García and Montiel Flores V. México, supra note 5,
para. 19.
7