68
issued an order to inform the President of Nicaragua of the non-compliance by the
Minister of MARENA with Judgment No. 12 of February 27, 1997, for the latter to be
ordered to duly comply with that order and, also, to report to the National Assembly
of Nicaragua on the matter (supra para. 103 (q)).
131. In the course of examining simple, rapid, and effective mechanisms involved
in the provision discussed, this Court has maintained that the procedural institution
of amparo has the required characteristics to effectively protect fundamental rights50,
that is, being simple and brief. In the Nicaraguan context, in accordance with the
procedure established for amparo remedies in Law No. 49 published in La Gaceta No.
241, called “Amparo Law”, it should be decided within 45 days.
132. In the instant case, the first amparo remedy was filed before the Appellate
Court of Matagalpa on September 11, 1995 and the court decision was reached on
the 19 of that same month and year, that is, eight days later. Since that remedy
was dismissed, on September 21, 1995 the representatives of the Community filed a
remedy to appeal for review of fact as well as law before the Supreme Court of
Justice, pursuant to article 25 of the Amparo Law. On February 27, 1997 the
Supreme Court of Justice rejected that remedy. The Inter-American Court notes that
the first of the abovementioned judicial decisions was reached within a reasonable
time. However, processing the remedy filed for review of fact as well as law took one
year, five months, and six days before it was decided by the Supreme Court of
Justice.
133.
The second amparo remedy was filed before the Civil Panel of the Appellate
Court of the Sixth Region of Matagalpa on November 7, 1997, admitted by that court
on the 12th of that same month and year, and decided by the Constitutional Panel of
the Supreme Court of Justice on October 14, 1998. In other words, 11 months and
seven days elapsed from the time the remedy was filed until a decision was reached
on it.
134. In light of the criteria established on the subject by this Court, and bearing in
mind the scope of reasonable terms in judicial proceedings51, it can be said that the
procedure followed in the various courts which heard the amparo remedies in this
case did not respect the principle of a reasonable term protected by the American
Convention. According to the criteria of this Court, amparo remedies will be illusory
and ineffective if there is unjustified delay in reaching a decision on them.52
135.
Furthermore, the Court has already said that article 25 of the Convention is
closely linked to the general obligation of article 1(1) of the Convention, which
assigns protective functions to domestic law in the States Party, and therefore the
State has the responsibility to designate an effective remedy and to reflect it in
50
cfr. Case of the Constitutional Court, supra note 10, para. 91 and Judicial Guarantees in States
of Emergency (arts. 27.2, 25 and 8 American Convention on Human Rights), supra note 46, para. 23.
51
cfr. Case of the Constitutional Court, supra note 10, para. 93; Paniagua Morales et al. case.
Judgment of March 8, 1998. C Series No. 37, para. 152; and Genie Lacayo case. Judgment of January
29, 1997. C Series No. 30, para. 77.
52
cfr. Ivcher Bronstein case, supra note 9, para.137; Case of the Constitutional Court, supra note
10, para. 93; and Judicial Guarantees in States of Emergency (arts. 27.2, 25 and 8 American Convention
on Human Rights), supra note 46, para. 24.