Quote
"Despite the above, the Court considers it pertinent to refer to the Inter-American Commission’s argument that, over and above the fact that the application for amparo was not the appropriate remedy, because electoral matters fell outside its sphere of competence, “effectiveness implies that the judicial body has assessed the merits of the complaint.” In this regard, the Court has established that “the competent authority’s examination of a judicial remedy […] cannot be limited to a mere formality, but must examine the reasons invoked by the complainant and specifically express an opinion on them, according to the parameters established by the American Convention. In other words, it is a minimum guarantee for anyone who files a remedy that the grounds for the ruling deciding it are stated; otherwise the ruling will violate the guarantee of due process. "
Cite
Document
OAS (IACHR): Case of Castañeda Gutman v. México, par. 93

Download Document

Case of Castañeda Gutman v. México

English

Spanish; Castilian

×