,Qos'q'ss
17. The decision taken is a setback, in view of the development of the law on the
subject. On the one hand, it leads to a complete loss of the opportunity to control
the rights which would emerge from this case (A) and, on the other hand,
it
highlights the peculiarities of the case in view of the recenl Gombert Judgment,
rendered in 2018 (B).
A) Lost opportunity of expected control
18. There can be no doubt that a judgment on the merits by this Court would have
made its mark in this dispute, rather than in its present form which limits it to
inadmissibility. The Human Rights Committee in its Decision, and in accordance
with its applicable law, puts into perspective the idea of control of the Respondent
State. lndeed, the decision states in its operative part: "the Committee wishes to
receive from the State party, within'180 days, information about the measures
taken to give effect to the Committee's Views. The State party is also requested
to publish the present Views and to have them widely disseminated in the State
party." lt would not be an overstatement to say that the Court could draw
inspiration from certain points in the operative part of the Committee's decision to
take a stand. The means that could be available to the Court are dashed by this
inadmissibility ruling.
19. Judicial bodies and quasi-judicial bodies that contribute to the effectiveness of
human rights in the international sphere have an obligation to complement each
other.la The Court, in the instanlDexter case, can apply regional instruments, in
addition to international human rights law. This is, moreover, the useful
interpretation that can be made of certain provisions of the Protocol: <The Court
shall apply the provisions of the Charter and any other relevant human rights
instruments ratified by the States concerned>. lndeed, conventional drafters
expect ordinary interpretation of their instruments; yet, these provisions allow
undeniable complementarity of legal means.
la See the analyses of lb6fiez (R. Juana M.), Le droit international humanitaire au sein de la
jurisprudence de la Cour interam1ricaine des drolts de I'Homme flnternational humanitaian law in the
juisprudence of the lnter-American Coutt of Human Rightsl, Revue des droit de I'homme,2017, No.
11.
7