A.
Competence
22.
Under Article 23 of the IACHR’s Rules and Article 44 of the American Convention, the
petitioner is entitled to lodge complaints with the Commission. In the petition, the alleged victim is an
individual person whose rights are protected under the American Convention, which the State of Argentina is
bound to abide by. As to the State, the Commission declares that Argentina is a State Party to the Convention
since September 5, 1984, when it deposited its instrument of ratification of the treaty. As a result, the
Commission is competent ratione personae to examine the petition. The Commission is also competent ratione
loci to assess the petition, in so far as it alleges violations that seemingly occurred within the territory of
Argentina.
23.
The Commission is competent ratione temporis, since by the time that the facts in the petition
are said to have taken place, the State was already bound to respect and ensure the rights protected by the
American Convention on Human Rights. Finally, the Commission is competent ratione materiae regarding the
alleged violations of human rights protected by the American Convention on Human Rights.
24.
The Inter-American Commission takes note of the State’s claim about the failure to refer the
petition within the stipulated period. In this regard, the IACHR says that after receipt there is no deadline for
the referral of petitions to the State, under the American Convention and the Commission’s Rules. Moreover, in
none of them is it set forth that the time in between the receipt of a petition and its transmission to the State
makes the petition inadmissible.
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
25.
Under Articles 31.1 of the Rules and 46.1.a) of the American Convention, for a petition to be
admissible, domestic remedies must have been pursued and exhausted, in accordance with generally
recognized principles of international law. This requirement is aimed at enabling national authorities to take
cognizance of the alleged violation of a protected right and, if applicable, reverse the situation before it is heard
by an international body.
26.
The petitioner affirms that in objection to the condemnatory sentence dated October 28, 1999,
she lodged an appeal, a complaint appeal for denial of appeal, an extraordinary appeal and a complaint appeal
for denial of extraordinary appeal, with the Argentine Supreme Court of Justice, whose resolution was notified
on October 30, 2001. In turn, the State affirms that the requirement of prior exhaustion of domestic remedies
has been met and has no objections in this regard.
27.
As a result, the Commission concludes that in this case, domestic remedies have been pursued
and exhausted in conformity with Articles 46.1 of the American Convention and 31.1 of the Rules.
2.
Timeliness of the petition
28.
Under Articles 46.1.b of the American Convention and 32.1 of the Rules, for a petition to be
declared admissible by the Commission, it must be lodged within a period of six months from the date on which
the alleged victim was notified of the final judgment. According to the present complaint, the resolution of the
Argentine Supreme Court of Justice was notified on October 30, 2001 and the petition to the IACHR was filed
on April 26, 2002. In view of this, the Commission finds that the requirement set forth in Articles 46.1 (b) of the
Convention and 32.1 of the IACHR’s Rules has been met.
3.
Duplication of proceedings and International res judicata
29.
From the case file, there is nothing to indicate that the subject matter of the petition is pending
in another international proceeding for settlement or that it duplicates a petition already examined by this or
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