Abstract

GONZALEZ SERRANO, Andrés; SANABRIA MOYANO, Jesús Eduardo  and  MERCHAN LOPEZ, Cindy Tatiana. The “Non-exhaustion of domestic remedies” preliminary objection and its relationship with the merits of the case. Opin. jurid. [online]. 2019, vol.18, n.36, pp.183-207. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v18n36a8.

This paper presents a study on the merits and preliminary objection judgements of the Inter-American Court of Human Rights between 2010 and 2016, in which the “Nonexhaustion of domestic remedies” preliminary objection filed by the States Parties was dismissed, and after that the Court determined the international liability for the violation of judicial guarantees and judicial protection rights, in order to identify an interaction between these actions. This goal was achieved through a qualitative, legal, and basic research using the deductive and inductive analytical method. The analysis focuses on the jurisprudence of the Inter-American Court of Human Rights through the creation of a line of case-law. It was found that the aforementioned Court does not apply a unified approach to make a link between objection and merits, even though by means of interpreting its decisions an interaction between its statements on both preliminary objections and merits is identified.

Keywords : Inter-American Court of Human Rights; non-exhaustion of domestic remedies; legal guarantees; judicial protection.

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