9
56.
The Commission also has competence ratione temporis because the obligation to
respect and ensure the rights protected under the American Convention was already in effect for the
State on the date on which the facts alleged in the petition were said to have occurred.
57.
Finally, the Commission has competence ratione materiae, since the petition alleges
possible violations of human rights protected by the American Convention.
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
58.
Article 46(1)(a) of the American Convention provides that in order for a complaint
submitted to the Inter-American Commission under Article 44 of the Convention to be admissible, the
remedies under domestic law must have been pursued and exhausted in accordance with generally
recognized principles of international law. The purpose of this requirement is to afford the national
authorities an opportunity to examine the alleged violation of a protected right and, if appropriate,
resolve it before the violation is taken up by an international body.
59.
The State made express mention of exhaustion of domestic remedies in its various briefs
of observations. The petitioners, for their part, alleged that as of the date on which the petition was
filed, two years after the events occurred, the lower court had not yet issued a ruling, which would
trigger the exception for an unwarranted delay, set forth in Article 46(2)(c) of the American Convention.
60.
As the Commission has observed, in order for it to examine compliance with the rule
requiring exhaustion of domestic remedies, it must first determine what the appropriate remedy is for
the petitioners to exhaust given the circumstances of the case; the appropriate remedy is the one
capable of rectifying the violated right.1 In cases of alleged arbitrary deprivation of the right to life, the
proper course of action is investigation and a criminal proceeding instituted and prosecuted by the State
ex officio, to identify the responsible parties and impose the corresponding penalties.2
61.
The Commission notes that since the presentation of the initial petition there was an
evolution in the internal proceeding of the cause . Indeed, the internal process got underway on
September 23, 1992, with a police report prepared by the First Police Precinct. The petition was filed on
November 8, 1994 and, while it was still being processed with the Inter-American Commission, the
internal criminal case was finally resolved on February 26, 2002, with the ruling that the Second Criminal
Chamber of the Supreme Court delivered on the cassation appeal. In situations where the evolution of
facts initially presented at the domestic level implies a change in the compliance or noncompliance with
1
IACHR. Report No. 51/08. Petition 299-07. Admissibility. Robert Ignacio Díaz Loreto et al.. Venezuela. July 24,2008;
and IACHR. Report No. 23/07. Eduardo José Landaeta Mejías et al.. Petition 435-2006, Admissibility, paragraph 43, March 9,
2007.
2
IACHR, Report No. 23/07, Eduardo José Landaeta Mejías et al., Petition 435-2006, Admissibility, paragraph 43,
March 9, 2007; IACHR, Report No. 15/06, Maria Emilia González, Paula Micaela González and María Verónica Villar. Petition
618-01, Admissibility, paragraph 34, March 2, 2006; IACHR, Report No. 52/97, Case 11.218, Arges Sequeira Mangas, Annual
Report 1997, paragraphs 96 and 97. See also Report No. 55/97, paragraph 392, and Report No. 55/04 paragraph 25.