28. In accordance with Articles 1.2.b and 20 of its Statute, the IACHR
has ratione materiae competence to examine possible violations of
human rights protected by the American Declaration, and ratione
materiae and ratione temporis competence to examine possible
violations of the American Convention that occurred after the ratification
of said treaty by Brazil. The Inter-American Commission notes that the
facts described in the petition began in 1989, when the State had not
yet ratified the American Convention. Nevertheless, the IACHR has
ratione temporis competence to determine whether in the period prior to
September 25, 1992, there was any violation of rights protected by the
American Declaration. In this regard, the Inter-American Court of
Human Rights (“the Inter-American Court”) has said:
Articles 1(2)(b) and 20 of the Commission's Statute define
the competence of that body with respect to the human
rights enunciated in the Declaration, with the result that to
this extent the American Declaration is for these States a
source of international obligations related to the Charter of
the Organization.7
29. The IACHR also has ratione loci competence to consider the
petition, because it alleges violations of human rights protected in the
American Declaration and the American Convention said to have
occurred within the jurisdiction of Brazil, a State party to those
instruments.
B.
1.
Other requirements for admissibility of the petition
Exhaustion of domestic remedies
30. Article 46.1 de the American Convention stipulates that admission
of a petition requires that remedies under domestic law have been
pursued and exhausted. Paragraph 2 of the same article states that the
7 I-A Court, Interpretation of the American Declaration of the Rights and Duties of Man
within the Framework of Article 64 of the American Convention on Human Rights,
Advisory Opinion OC-10/89 of July 14, 1989, Series A No. 10, para. 45. See also IACHR,
Report No. 19/98, Admissibility, Case 11.516, Ovelário Tames, Brazil, February 21,
1998, para. 15; Report No. 33/01, Admissibility, Caso 11.552, Guerrilla de Araguaia,
Julia Gomes Lund et al, Brazil, March 6, 2001, para. 38; Report No. 17/98,
Admissibility, Cases 11.407 Clarival Xavier Coutrim, 11.406, Celso Bonfim de Lima,
11.416, Marcos Almeida Ferreira, 11.413, Delton Gomes da Mota, 11.417, Marcos de
Assis Ruben, 11.412, Wanderley Galati, 11.414, Ozeas Antônio dos Santos, 11.415,
Carlos Eduardo Gomes Ribeiro, 11.286, Aluísio Cavalcanti Júnior and Cláudio Aparecido
de Moraes, Brazil, February 21, 1998, para. 163.
10