State does not, in this communication, express an opinion regarding the admissibility
of the instant petition.
34. The State’s response of July 5, 2005, also regarding the precautionary measures,
does indicate that the State has adopted certain measures to implement the
precautionary measures in force. The State also asserts that “it believes it is
appropriate to reaffirm its willingness to keep the channels for dialogue open with the
petitioners as well as the provincial Government” with respect to the precautionary
measures.
IV.
ANALYSIS
A.
The Inter-American Commission’s competence ratione
ratione materiae, ratione temporis, and ratione loci
personae,
35. The petitioners are entitled to bring petitions before the IACHR pursuant to Article
44 of the American Convention. These petitions identify as the alleged victims
individual persons, Iván Torres and his family, with respect to whom the State has
undertaken to respect and ensure the rights enshrined in the Convention. As for the
State, the IACHR observes that Argentina is State party to the American Convention,
having ratified it on September 5, 1984. Moreover, the IACHR observes that with
respect to its passive competence in ratione personae, it is a general principle of
international law that the State must answer for the acts of all of its organs, including
those pertaining to the Judiciary. Therefore, the IACHR is competent to examine the
instant position.
36. The IACHR is competent ratione loci to take up the petition insofar as it claims
violations of rights protected by the American Convention, which allegedly occurred
within the territory of a State party to that treaty. The IACHR is competent ratione
temporis, inasmuch as the obligation to respect and ensure the rights established in
the Convention was in force for the State when the events described in the petition
allegedly occurred. With regard to the claims of possible violations of the InterAmerican Convention on the Forced Disappearance of Persons, the IACHR observes
that Argentina ratified that Convention on February 28, 1996 and that it entered into
effect on March 28, 1996. Therefore, this international instrument was in force for
Argentina when the events described in the instant petition allegedly occurred. Finally,
the IACHR is competent ratione materiae because the petition claims violations of
human rights protected by the American Convention and by the Inter-American
Convention on the Forced Disappearance of Persons. Further, pursuant to its
ratification of the Inter-American Convention to Prevent and Punish Torture on March
31, 1989, those obligations also apply.
B.
Other admissibility requirements
1.
Exhaustion of domestic remedies
37. Under Article 46(1)(a) of the American Convention, the admission of a particular
petition requires that “...the remedies under domestic law have been pursued and