reject the complaint because the Petitioner is (a) seeking a fourth instance
intervention; and (b) has failed to adduce facts that characterize any violation of the
American Convention.
53.
With respect to the State’s argument that review of this petition would
require the Commission to act as a “fourth instance,” the Commission’s jurisprudence
clearly establishes that the IACHR is not competent to review judgments handed down
by national courts acting within the scope of their jurisdiction and observing due
judicial guarantees. The Commission cannot serve as an appellate court to examine
alleged errors of law or fact that may have been committed by the domestic courts
acting within their jurisdiction. However, within its mandate to ensure the observance
of the rights protected in the Convention, the Commission is necessarily competent to
declare a petition admissible and rule on its merits when it is claimed that a domestic
legal decision was taken in disregard of the right to a fair trial, or that there have been
other violations of rights protected by the Convention.8 While questions relating to the
application of domestic law may in principle be beyond the competence of the
Commission, in the present case the Petitioner has alleged that the criminal
proceedings against him (which culminated in the verdict of the Suriname High Court
of Justice) violated numerous rights under the American Convention. The Petitioner’s
claims relate, inter alia, to the right to due process (including access to appeal to a
higher court), the right not to be prosecuted under ex post facto laws. The
Commission considers that these claims are properly within its jurisdictional
competence.
54.
With respect to the present petition, the Commission considers that the
arguments presented by both parties require an in-depth analysis of the substance of
the matter in order to be resolved. The Commission therefore does not find that the
petition is “manifestly groundless” or "obviously out of order”. On the other hand, the
Commission considers that, prima facie, the petitioners have fulfilled the requirements
set out in Article 47(a) and (b) of the American Convention.
55.
In light of these considerations, the Commission considers that the
Petitioner’s allegations could characterize violations of the American Convention,
should they be shown to be accurate.
V.
CONCLUSION
56.
The Commission concludes that it is competent to examine the
allegations of the Petitioner and that the petition is admissible in accordance with
Articles 46 and 47 of the American Convention, with respect to the violations of Articles
8, 11, 9 and 22 as they relate to the freedom from ex post facto laws, the right to fair
trial, the right to privacy and, the right to freedom of movement. The Commission
deems the claims under Article 24 to be inadmissible.
57.
Based on the factual and legal arguments set forth above, and without
prejudging the merits of the case,
8 See IACHR Report Nº 1/03, Case 12.221, Jorge Omar Gutiérrez, Argentina, February 20, 1003, para. 46,
citing IACHR, Report Nº 39/96, Case 11.673. Marzioni, Argentina, October 15, 1996, paras. 50-51.
10