36. The Commission claimed that this objection is appropriate when there is a claim that
the Court has reviewed a decision of a domestic court in which the latter incorrectly weighed
the evidence, the facts or the domestic law and there is no allegation that such a decision
resulted in a violation of the international treaties over which the Court has jurisdiction.
However, this case involves establishing whether the domestic procedures were compatible
with the Convention and, therefore, the Commission requested that the Court reject the
State’s argument.
37. The representatives stated that this is an issue related to the merits of the
controversy in that it refers to an alleged failure to comply with the international obligations
regarding the rights to judicial protection and to judicial guarantees, the violation of which
has been claimed. They pointed out that the alleged victims did not seek reconsideration of
what was decided by the national judges and by the amparo courts.
C.2 Considerations of the Court
38. The Court has stated that the determination of whether the acts of judicial organs are
a violation of a State’s international obligations can lead to an examination of the respective
domestic procedures to establish their compatibility with the American Convention.21
Therefore, the Court is not a fourth instance of judicial review in that it examines the
conformity of such judicial decisions with the Convention and not their accord with domestic
law.22
39. Here the Court notes that both the Commission and the representatives have
presented allegations of violations of rights set out in the American Convention perpetrated
by the State and specifically related to domestic procedures. Therefore, it is absolutely
necessary to analyze the decisions of the different jurisdictional authorities to determine
their compatibility with the State’s international obligations. The preliminary objection is,
thus, ruled inadmissible.
D. Alleged inadmissibility of the complaint for the lack of an object
D.1 Arguments of the parties and of the Commission
40. The State requested that the Court exclude certain former employees who were
repaired domestically and, thus, the alleged violations have been indemnified. It reported
that, with respect to 141 persons, it had reviewed the dismissals and had recognized their
irregularity and that it has carried out specific actions for the revindication of their rights.
The State emphasized that 121 persons have been repaired and that the reparations of 20
additional persons is imminent. In addition, it asked that the Court require that the alleged
victims or their representatives provide information on payments of financial incentives for
voluntary retirements and of social benefits received upon dismissal.
41. The Commission repeated the arguments found in its Merits Report in the sense that
the effect of the access of some of the alleged victims to the procedures of reinstatement,
retraining, indemnification or some other form of reparation for their irregular dismissals is
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 222 and Case of Sales Pimenta v. Brazil. Preliminary Objections, Merits,
Reparations and Costs. Judgment of June 30, 2022. Series C No. 454, para. 32.
21
22
Cf. Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Judgment of February 28,
2003. Series C No. 98, para. 155 and Case of Sales Pimenta v. Brazil, supra, para. 32.
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