allegations which, if proven, may tend to characterize possible violations of
the rights guaranteed by the Convention. In this regard, the Commission has
competence to analyze the complaint, in light of Articles 8(1) and 25 of the
American.
43.
From the information and arguments presented by the petitioner,
it is seen that the main complaint regards the excessive time taken to conduct
the trial of the petitioner’s labor suit, which was filed on June 30, 1988 against
his former employer, Cacique Camping S.A. The Commission observes that
the judgment was not handed down by Labor Tribunal No. 3 until June 3,
1997, which is nine years after the suit was filed.
44.
The Commission also notes that on September 16, 1997, Mr.
Spoltore lodged a complaint with the Supreme Court of Buenos Aires accusing
Labor Tribunal No. 3 of negligence and unnecessary delay; this matter was
resolved on April 16, 1999. Furthermore, on September 2, 1997, the
petitioner filed the domestic remedies contemplated in Argentine legislation
to dispute a judgment by a labor court. These were decided on August 16,
2000. Upon reviewing these time frames, the Commission observes that more
than 12 years transpired between the time that the labor suit was filed and
the time that the Argentine legal system issued its final ruling.
45.
It should be pointed out that in its decision of April 16, 1999, the
Supreme Court of Buenos Aires had concluded that two irregularities existed
regarding the time it took to conduct the trial. The Supreme Court indicated
that “… from what is reflected on the record … it can be proven that the
following irregularities existed: I) Delay in remitting the case to the Office of
Expert Advice … and II) delay in the preparation, signing, and sealing of the
notification documents.” For this reason, the Supreme Court determined to
“reprimand the Clerk of Court of Labor Tribunal No. 3 of San Isidro.” 11
46.
The Commission notes that if the information and arguments
presented regarding the excessive time that transpired during the labor
proceedings are proven, they may constitute a violation of the right to prompt
recourse to judicial protection established in Article 25 of the Convention, and
of the right to a fair trial established to Article 8(1). These will be evaluated
in the merits phase.
47.
Consequently, the Commission concludes that in this case the
petitioners have lodged complaints which, if they meet other requirements
and are proven to be true, may tend to establish violations of rights protected
by the American Convention; to wit, those set forth in Articles 8(1) (right to a
11 This ruling is annexed to the petition.