it is the recognition awarded by the competent body, in this case the CANG, for the
purpose of authorizing a person to exercise said profession. It also maintains that
the CANG never deprived Mr. Hendrix of his degree of Notary; rather, because of
national legislation, it did not proceed with his qualification as a notary.
37.
It states that the alleged victim was not deprived of the degrees
conferred on him. As regards his qualification as a notary, the petitioner was informed
that, owing to the special solemnity vested in the exercise of this profession in
Guatemala, election of Guatemalan citizenship is a prerequisite and that upon
meeting this requirement, he would be granted qualified notary status.
38.
With respect to the right to a nationality, the State asserts that no
violation has occurred, since he has not been arbitrarily deprived of his nationality,
nor denied the right to change it. It states that the petitioner must comply with the
requirement contained in Article 2 of the Code of the Notarial Profession if he wishes
to exercise the profession of notary in Guatemala.
39.
The State concludes by requesting that the instant case not be
declared admissible, because there was no desire on the part of officers of the State
to violate the rights of Steven Edward Hendrix. It reiterates its willingness to grant
Mr. Hendrix full recognition as a notary on condition that he comply with the terms
of the Court of Constitutionality and provide proof of acquisition of Guatemalan
citizenship.
III.
A.
ANALYSIS OF ADMISSIBILITY
Commission's competence ratione materiae, ratione personae,
ratione temporis, and ratione loci
40.
The petitioner is eligible to submit a petition to the Commission
under Article 44 of the American Convention. In the instant case, the alleged victim
is a person whose rights Guatemala has undertaken to ensure and respect. Therefore,
the Commission has ratione personae competence to examine the complaint.
41.
The Commission has ratione loci competence to consider the
petition because it alleges that violations of rights protected by the American
Convention took place under the jurisdiction of the State. The Commission has
ratione temporis competence inasmuch as, at the time of the alleged violations, the
obligation to respect and ensure the rights recognized in the American Convention
was in force for the State of Guatemala, which ratified the American Convention on
May 25, 1978.
42.
The Commission has ratione materiae competence to consider the
instant case because the petition alleges violations of human rights protected by the
American Convention on Human Rights. It should be added that the IACHR does not
have ratione materiae competence—in an autonomous manner—to establish
violations of Articles 6 and 7 of the Protocol of San Salvador through the system of
individual petitions. However, the Inter-American Commission may use said Protocol
in interpreting other applicable provisions, in accordance with Articles 26 and 29 of
the American Convention.3
B.
1.
Other requirements for admissibility
Exhaustion of domestic remedies
3 IACHR, Admissibility Report No. 29/01 of March 7, 2001, para. 36.