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The Inter-American Court of Human Rights Case Law on Due Process Over Civil Matters

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Understanding Due Process in Non-Criminal Matters

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice ((IUSGENT,volume 97))

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Abstract

This chapter describes and analyze the answers provided by the Inter-American system of human rights protection on the basic requirements of the right to a fair trial in civil matters. With this purpose, I use an empirical mixed method approach to study the case law of the Inter-American Court of Human Rights (IACHR). I do so by analyzing the 19 cases of the IACHR dealing with legal issues fitting my operational definition of civil matters, from 299 decisions on the merits as of August 2019, and complementing the former with Advisory Opinions of the court and the thematic reports of the Inter-American Commission on Human Rights, to support the study of the court’s case law.

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Notes

  1. 1.

    Alston and Goodman (2013), p. 980.

  2. 2.

    Medina (2016), p. 242.

  3. 3.

    Medina (2016), p. 75.

  4. 4.

    See: Charter of the Organization of American States. Available at: http://www.oas.org/en/sla/dil/inter_american_treaties_A-41_charter_OAS.asp#Chapter_I.

  5. 5.

    Article XXVI. Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.

  6. 6.

    Article XXVI. Every accused person is presumed to be innocent until proved guilty.

    Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with pre-existing laws, and not to receive cruel, infamous or unusual punishment.

  7. 7.

    See: OEA/Ser.K/XVI/1.2. Available only in Spanish at: http://www.oas.org/es/cidh/mandato/Basicos/Actas-Conferencia-Interamericana-Derechos-Humanos-1969.pdf.

  8. 8.

    Medina (2016), p. 240.

  9. 9.

    Availble at: https://sidh.cejil.org/.

  10. 10.

    In its Spanish version the results are even higher. From the same 241 decisions on the merits, 231 hits for both terms “Garantías Judiciales” and “Protección Judicial”.

  11. 11.

    Buergenthal (1985), p. 2.

  12. 12.

    See e.g.: I/A Court H.R., habeas corpus in emergency situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion OC-8/87, Series A No. 8 (1987); I/A Court H.R., exceptions to the exhaustion of domestic remedies (Arts. 46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights). Advisory Opinion OC-11/90, Series A No.11 (1990); I/A Court H.R., judicial guarantees in states of emergency (Arts. 27(2), 25 and (8) American Convention on Human Rights). Advisory Opinion OC-9/87, Series A No. 9 (1987); I/A Court H.R., the right to information on consular assistance in the framework of the guarantees of the due process of law. Advisory Opinion OC-16/99, Series A No.16(1999); I/A Court H.R., juridical condition and human rights of the child. Advisory Opinion OC-17/02, Series A No.17 (2002); I/A Court H.R., juridical condition and rights of the undocumented migrants. Advisory Opinion OC-18/03, Series A No.18 (2003).

  13. 13.

    See, e.g.: ICHR, second progress report of the special rapporteurship on migrants workers and their families in the hemisphere, OEA/Ser.L/V/II.111, Doc. 20 rev. (2001), par. 91. Available at: https://www.cidh.oas.org/annualrep/2000eng/chap.6a.htm.

  14. 14.

    The Digest is a project carried on between the IACHR and the cooperation agency of the German government, GIZ. Its serves as a repository of every decisión of the IACHT regarding the articles 1, 2, 4, 8, and 25 of the American Convention on Human Rights. Available only in Spanish at: http://www.corteidh.or.cr/cf/themis/digesto/.

  15. 15.

    See: http://www.corteidh.or.cr/cf/Jurisprudencia2/busqueda_casos_contenciosos.cfm?lang=es.

  16. 16.

    Available at: https://sidh.cejil.org/.

  17. 17.

    Rules of Procedure of the Inter-American Commission on Human Rights, art. 45. Available at: http://www.oas.org/en/iachr/mandate/Basics/rulesiachr.asp.

  18. 18.

    See: https://www.oas.org/en/iachr/multimedia/statistics/statistics.html.

  19. 19.

    See. American Convention on Human Rights, Arts. 44 et seq.

  20. 20.

    See, American Convention on Human Rights, Art. 41.

  21. 21.

    See, e.g.: ICHR, access to justice for women victims of violence in the Americas, OEA/Ser.L/V/II., Doc. 68 (2007). Available at: https://www.oas.org/en/iachr/reports/thematic.asp; ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007). Available at: https://www.oas.org/en/iachr/reports/thematic.asp; ICHR, indigenous peoples, afro-descendent communities, and natural resources: human rights protection in the context of extraction, exploitation, and development activities, OEA/Ser.L/V/II. Doc. 47/15 (2015). Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  22. 22.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 13. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  23. 23.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 19. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  24. 24.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 45. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  25. 25.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 34. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  26. 26.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 20. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  27. 27.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), pp. 35-37. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  28. 28.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 46. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  29. 29.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 64. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  30. 30.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), pp. 48-52. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  31. 31.

    ICHR, second progress report of the special rapporteurship on migrants workers and their families in the hemisphere, OEA/Ser.L/V/II.111, Doc. 20 rev. (2001), par. 95. Available at: https://www.cidh.oas.org/annualrep/2000eng/chap.6a.htm.

  32. 32.

    ICHR, report on terrorism and human rights, OEA/Ser.L/V/II.116 Doc. 5 rev. 1 corr. (2002), par. 401. Available at: http://www.cidh.org/terrorism/eng/toc.htm.

  33. 33.

    E.g.: I/A Court H.R., Case of Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations, and Costs. Series C No. 218, Judgment of November 23, 2010.

  34. 34.

    E.g.: I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Series C No. 302, Judgment of October 5, 2015.

  35. 35.

    I/A Court H.R., Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Series C No. 71, Judgment of January 31, 2001; I/A Court H.R., Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Series C No. 268, Judgment of August 28, 2013.

  36. 36.

    I/A Court H.R., Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Series C No. 71. Judgment of January 31, 2001, par. 70.

  37. 37.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 21. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  38. 38.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, p. 60.

  39. 39.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, p. 61.

  40. 40.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 21. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  41. 41.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, par. 123.

  42. 42.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, 124.

  43. 43.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, par. 124.

  44. 44.

    I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Series C No. 72, Judgment of February 2, 2001, par. 127.

  45. 45.

    I excluded some article 25 cases because the only analysis was the lack of remedies but not of a specific legal procedure or judicial guarantees. See, e.g.: I/A Court H.R., Case of the Saramaka People. v. Suriname, Preliminary Objections, Merits, Reparations, and Costs. Series C No. 172, Judgment of November 28, 2007; I/A Court H.R., Case of Castañeda Gutman v. Mexico, Preliminary Objections, Merits, Reparations, and Costs. Series C No. 184, Judgment of August 6, 2008. I also excluded a criminal proceeding where a civil action was an issue, but only because of the undue delay of the criminal proceedings under analysis of the Court. I/A Court H.R., Case of Ximenes Lopes v. Brazil, Merits, Reparations and Costs. Series C No. 149, Judgment of July 4, 2006.

  46. 46.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 63, 64.

  47. 47.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 124, 133.

  48. 48.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 101.

  49. 49.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 122.

  50. 50.

    The requirements of article 31 of Law 17,613 were: (1) to be a “depositor” of the Banco de Montevideo or the Banco La Caja Obrera; (2) whose savings had been transferred to other institutions, and (3) without his consent. I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 141, 142, 153.

  51. 51.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 183, 184.

  52. 52.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 204.

  53. 53.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 220.

  54. 54.

    The topics related to the rights of indigenous peoples, such as those related to the collective right to land, have been one of the main contributions of this regional system. See: Alston and Goodman (2013), p. 1009.

  55. 55.

    I/A Court H.R., Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs. Series C No. 79, Judgment of August 31, 2001, par. 122, 123.

  56. 56.

    I/A Court H.R., Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs. Series C No. 79, Judgment of August 31, 2001, par. 134.

  57. 57.

    I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 125, Judgment of June 17, 2005, par. 66; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 81.

  58. 58.

    I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 125, Judgment of June 17, 2005, par. 65; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 95.

  59. 59.

    I/A Court H.R., Case of the Xákmok Kásek Indigenous Community. v. Paraguay. Merits, Reparations and Costs. Series C No. 214, Judgment of August 24, 2010, par. 133, 134.

  60. 60.

    I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 125, Judgment of June 17, 2005, par. 96, 97; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 108; I/A Court H.R., Case of the Xákmok Kásek Indigenous Community. v. Paraguay. Merits, Reparations and Costs. Series C No. 214, Judgment of August 24, 2010, par. 144, 145.

  61. 61.

    I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 125, Judgment of June 17, 2005, par. 62; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 83.

  62. 62.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 24. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  63. 63.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 76.k).

  64. 64.

    ICHR, access to justice as a guarantee of economic, social and cultural rights: a review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4 (2007), p. 24. Available at: https://www.oas.org/en/iachr/reports/thematic.asp.

  65. 65.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 76.e).

  66. 66.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 102.

  67. 67.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 103.

  68. 68.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 107.

  69. 69.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 137, 139.

  70. 70.

    I/A Court H.R., Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Series C No. 373, . Judgment of February 4, 2019, par. 53-55, 114–119.

  71. 71.

    I/A Court H.R., Case of Cantos v. Argentina. Merits, Reparations and Costs. Series C No. 97, Judgment of November 28, 2002, par. 44.

  72. 72.

    I/A Court H.R., Case of Cantos v. Argentina. Merits, Reparations and Costs. Series C No. 97, Judgment of November 28, 2002, par. 53, 54.

  73. 73.

    I/A Court H.R., Case of Cantos v. Argentina. Merits, Reparations and Costs. Series C No. 97, Judgment of November 28, 2002, par. 50, 52.

  74. 74.

    I/A Court H.R., Case of Cantos v. Argentina. Merits, Reparations and Costs. Series C No. 97, Judgment of November 28, 2002, par. 55.

  75. 75.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 78, 99.

  76. 76.

    I I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 147–204.

  77. 77.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 213–223.

  78. 78.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 232.

  79. 79.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 242, 243.

  80. 80.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 268, 269.

  81. 81.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 74.

  82. 82.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 1.

  83. 83.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 84.

  84. 84.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 87.

  85. 85.

    These attempts were rejected even though the IACHR had order Argentina to update its legislation to the Convention in this matter. See: I/A Court H.R., Case of Kimel v. Argentina. Merits, Reparations and Costs. Series C No. 177, Judgment of May 2, 2008.

  86. 86.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 89, 90.

  87. 87.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 95.

  88. 88.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 108–112.

  89. 89.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 171.

  90. 90.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 167–168.

  91. 91.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 174–180.

  92. 92.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 193.

  93. 93.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 193.

  94. 94.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 193.

  95. 95.

    I/A Court H.R., Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Series C No. 242, Judgment of April 27, 2012, par. 31–43.

  96. 96.

    I/A Court H.R., Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Series C No. 242, Judgment of April 27, 2012, par. 65, 66.

  97. 97.

    I/A Court H.R., Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Series C No. 239, Judgment of February 24, 2012, par. 3, 29.

  98. 98.

    I/A Court H.R., Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Series C No. 239, Judgment of February 24, 2012, par. 196.

  99. 99.

    I/A Court H.R., Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Series C No. 239, Judgment of February 24, 2012, par. 203, 204, 208.

  100. 100.

    I/A Court H.R., Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Series C No. 242, Judgment of April 27, 2012, par. 66.

  101. 101.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 107.

  102. 102.

    I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127, Judgment of June 23, 2005, par. 2, 162.

  103. 103.

    I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 232.

  104. 104.

    See: I/A Court H.R., Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs. Series C No. 79, Judgment of August 31, 2001, par. 127; I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127, Judgment of June 23, 2005, par. 168, 169; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 108; I/A Court H.R., Case of the Xákmok Kásek Indigenous Community. v. Paraguay. Merits, Reparations and Costs. Series C No. 214, Judgment of August 24, 2010, par. 124; I/A Court H.R., Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Series C No. 242, Judgment of April 27, 2012, par. 111; I/A Court H.R., Case of the Xucuru Indigenous People and its members v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Series C No. 346, Judgment of February 5, 2017, par. 130.

  105. 105.

    I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127, Judgment of June 23, 2005, par. 174; I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011; I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013.

  106. 106.

    See: I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 219.

  107. 107.

    I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 210–213.

  108. 108.

    I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 88–89.

  109. 109.

    /A Court H.R., Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Series C No. 242, Judgment of April 27, 2012, par. 66–77.

  110. 110.

    I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 193.

  111. 111.

    I/A Court H.R., Case of Cantos v. Argentina. Merits, Reparations and Costs. Series C No. 97, Judgment of November 28, 2002, par. 54.

  112. 112.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 103–107.

  113. 113.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 102; I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127. Judgment of June 23, 2005, par. 149; I/A Court H.R., Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Series C No. 151, Judgment of September 19, 2006, par. 116; I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Series C No. 234, Judgment of October 13, 2011, par. 116; I/A Court H.R., Case of Mémoli v Argentina, Preliminary Objections, Merits, Reparations and Costs. Series C No. 265, Judgment of August 22, 2013, par. 171.

  114. 114.

    I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Series C No. 74, Judgment of February 6, 2001, par. 104; I/A Court H.R., Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Series C No. 98. Judgment of February 28, 2003, par. 138; I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127. Judgment of June 23, 2005, par. 164; I/A Court H.R., Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Series C No. 151, Judgment of September 19, 2006, par. 122; I/A Court H.R., Case of Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Series C No. 245, Judgment of June 27, 2012, par. 263; I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 232; I/A Court H.R., Case of the Pacheco Tineo family v. Bolivia. Preliminary Objections, Merits, Reparations and Costs. Series C No. 272, Judgment of November 25, 2013, p. 159; I/A Court H.R., Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Series C No. 373, Judgment of February 4, 2019, par. 87.

  115. 115.

    I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Series C No. 146, Judgment of March 29, 2006, par. 95; I/A Court H.R., Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Series C No. 151, Judgment of September 19, 2006, par. 122; I/A Court H.R., Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Series C No. 373, Judgment of February 4, 2019, par. 118.

  116. 116.

    I/A Court H.R., Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Series C No. 373, Judgment of February 4, 2019, par. 118.

  117. 117.

    I/A Court H.R., Case of the Pacheco Tineo family v. Bolivia. Preliminary Objections, Merits, Reparations and Costs. Series C No. 272, Judgment of November 25, 2013, par. 159.

  118. 118.

    I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Series C No. 127, Judgment of June 23, 2005, par. 159–160.

  119. 119.

    I/A Court H.R., Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Series C No. 151, Judgment of September 19, 2006, par. 116–122.

  120. 120.

    I/A Court H.R., Case of Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Series C No. 245, Judgment of June 27, 2012, par. 263. Similar strict approach might be seen in: I/A Court H.R., Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Series C No. 98, Judgment of February 28, 2003, par. 138; I/A Court H.R., Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Series C No. 246, Judgment of August 31, 2012, par. 209.

  121. 121.

    Salmón and Blanco (2012), p. 84.

  122. 122.

    Different from the solution given by the European Convention of Human Rights, as I will explain in the next chapter.

  123. 123.

    García (2012), pp. 23–24.

  124. 124.

    Medina (2016), pp. 251–261.

  125. 125.

    García (2012), pp. 23–24.

  126. 126.

    Medina (2016), p. 260.

  127. 127.

    Medina (2016), pp. 260–261.

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    Ricardo Lillo Lobos

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Lillo Lobos, R. (2022). The Inter-American Court of Human Rights Case Law on Due Process Over Civil Matters. In: Understanding Due Process in Non-Criminal Matters. Ius Gentium: Comparative Perspectives on Law and Justice, vol 97. Springer, Cham. https://doi.org/10.1007/978-3-030-95534-2_6

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