IV.
LEGAL ANALYSIS
A.
Competence ratione personae, ratione materiae, ratione
temporis, ratione loci
32.
Under Article 44 of the Convention, the petitioner is entitled
to lodge complaints on his own behalf. The alleged victim was under the
jurisdiction of the Venezuelan State when the alleged events
occurred. The Venezuelan State, for its part, ratified the American
Convention on August 9, 1977. Therefore, the Commission has
competence ratione personae to review the petition.
33.
The Commission has competence ratione loci to review the
petition because it alleges violations of rights protected by the American
Convention which took place within the territory of a State party to that
treaty.
34.
The Commission also has competence ratione temporis
because the obligation to respect and guarantee the rights protected by
the American Convention was in effect for the State on the date the acts
alleged in the petition took place.
35.
Finally, the Commission has competence ratione materiae
because the petition alleges violations of human rights protected by the
American Convention.
B.
Other requirements for admissibility of the petition
6. To be forbidden to visit persons involved with the fact that
imputed him.
[…]
In relation to the Measurement of Prohibition of Exit of the
Country [...] it is agrees to suspend the measurement during the
time established for the fulfillment of the regimen of evidence […].
Nevertheless, if the convict needs or tries to go out of the
Venezuelan territory, he will have to present to the Court
accompany properly with the necessary documentation the place
abroad where it would remain and the motives of his exit. (Simple
Copy the decision of the Court of the First Instance in Functions of
Execution of the Judicial Penal Circuit of the Metropolitan Area of
Caracas of date December 20, 2007 that is in the file of the
Commission).