11. On October 11, 2010 the Inter-American Commission, the representatives 23 and the State forwarded their final written arguments, which were conveyed to the parties so that they could present any observations deemed pertinent regarding certain documents presented by Mexico and by the representatives together with those briefs. In their final arguments, the parties presented evidence related to the questions and evidence to facilitate adjudication of the case, as requested by the Court. III PRELIMINARY OBJECTION TO THE “FOURTH INSTANCE RULE” 1. Arguments of the parties 12. The State filed a preliminary objection regarding the Court’s “lack of jurisdiction to hear the merits of this application in light of the fourth instance principle.” The State held that “the Court cannot determine whether the national courts applied domestic law correctly or whether the decision was wrong or unfair” and that the Court “should determine” only whether the judicial criminal proceedings “adhered to the principles of judicial guarantees and protection under the American Convention or whether there is any judicial error that may be or has been proven evidencing serious injustice.” The State argued that this could not have occurred in this case, since Messrs. Cabrera and Montiel filed “a motion challenging their formal imprisonment, a motion through which they obtained partially favorable results,” and that “they also had access to other levels of jurisdiction whereby they could appeal the conviction by the court of first instance, and to other instances to appeal subsequent decisions, remedies from which they also benefited,” and even evidence submitted extemporaneously was accepted. Indeed, Mexico argued that “all the actions or omissions of the State” alleged as “violations of the American Convention, even those of a procedural nature, have already been assessed and considered by independent and impartial Mexican judicial bodies through effective and efficient motions” and “with full respect for the right to a fair trial and judicial protection.” 13. The State noted that the Court “has been constant in declaring inadmissible preliminary objections based on the principle of fourth instance.” However, this case would be exceptional because in previous cases the plaintiffs had not tried to obtain “a review of the judgments or decisions by the domestic courts,” but rather the determination of “whether an action or omission by the State ha[d] resulted in a violation of a right protected by the American Convention,” while in this case “the idea would be to review the decisions already made by the domestic courts,” since these would have “effectively [exercised] the ex officio ‘conventionality control’ that newsletter from the General Attorney’s Office including the depositions stating that the rhodizonate test does not work on wet hands; iv) the physical and psychological integrity of the alleged victims: k) reasons why the alleged victims were released, and identification and specification of the corresponding medical reports, l) did the State carry out the relevant procedures to facilitate the visit by Physicians for Human Rights to the prison where the alleged victims were held?, m) were physicians not attached to state institutions allowed to perform medical checkups when the alleged victims were arrested?, n) explanation for the coincidences and/or differences in the medical reports that seem to have led to the decision to release the alleged victims in November 2001 and the medical report by Dr. Tramsen and Dr. Tidball-Binz from Physicians for Human Rights- Denmark on July 31, 2000. Finally, aside from the above questions for all the parties, the Inter-American Commission was asked to clearly specify the reason why the elements examined in the petition were not sufficient to conclude that acts of torture were committed against the alleged victims. 23 Agustín Martin, Alejandra Nuño, Luis Carlos Buob and Viviana Krsticevic signed on behalf of CEJIL; Luis Arriaga, Stephanie E. Brewer and Jaqueline Sáenz signed on behalf of Centro Prodh; Abel Barrera signed for the Centro de Derechos Humanos de la Montaña “Tlachinollan.” 8