17. The State alleges that the petitioners’ complaint does not meet the requirement of
prior exhaustion, therefore it should be declared inadmissible. The State points out that the
70th Sectional Attorney’s Office of the Unity of Law 30, in Medellín is pushing ahead under File
No.585996 its investigation into the crime of forcible displacement of Miryam Eugenia Rúa
Figueroa, which is at a preliminary stage, in the submission of evidence that may help clarify
the facts and identify the authors of these supposed crimes. It tells how the evidence
submitted includes the order given to the CTI to verify the information supplied by the affected
party, the request to locate proceedings relating to other complaints lodged, the obtaining of
the records of those accused and careful checking of Mrs. Rúa’s testimony, among others.
Similarly, it shows that the Assistant Prosecutor for Human Right sent copies to the person
responsible for discipline with a view to, if he considered it pertinent, opening an investigation.
As regards the crime of intimidation, the State points out that its investigation is highly
complex owing to the anonymity with which the delinquents involved operate, and since the
supposed victim found out by way of rumor it is difficult to establish the evidence that would
lead to the identification of those responsible.
18. The State alleges that the exception on account of unwarranted delay is not
applicable on the basis that the criteria for the reasonableness of the deadline relate to the
complexity of the case, the procedural activity of the interested party, and the proceedings of
the judicial authorities. It adds that the judicial authorities have diligently pushed ahead with
the proceedings, and that the judicial proceedings have been coherent, consequent, measured
and appropriate to the investigation.
19. In view of the above, the State considers that application should not proceed for
any of the exceptions contemplated in Article 46(2) and requests the IACHR that the petition
be declared inadmissible.
IV.
ANALYSIS OF COMPETENCE Y ADMISSIBILITY
A.
Competence
20. The petitioner is in entitled, in principle, under Article 44 of the American
Convention to lodge petitions before the Commission. The petition names as presumed victims
individual persons towards whom the Colombian State is committed to respecting and ensuring
the rights enshrined in the American Convention. As to the State, the Commission notes that
Colombia has been a state party to the American Convention since July 31, 1973, the date on
which it deposited its instrument of ratification. Therefore the Commission has the competence
ratione personae to examine the petition.
21. Similarly, the Commission has the competence ratione loci to consider the petition
since it alleges violations of rights protected by the American Convention that took place within
the territory of Colombia, state party to the said treaty. The Commission has competence
ratione temporis inasmuch that the obligations to respect and ensure the rights protected by
the American Convention were already in force for the State at the time that the facts alleged
in the petition are said to have occurred. Finally, the Commission has competence ratione
materiae because the petition alleges violations to human rights protected by the American
Convention.
B.
Admissibility requisites
1. Exhaustion of domestic remedies and the deadline for lodging the petition
22. Article 46(1)(a) of the American Convention stipulates the prior exhaustion of
available remedies in the domestic jurisdiction in accordance with the generally recognized
principles of international law, as a requirement for the admission of complaints about alleged
violation of the American Convention.
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