respondent State, the Republic of Ecuador, ratified the American Convention on
December 28, 1977. The Commission, therefore, has competence ratione personae
to examine the petition.
23.
As regards the Commission’s competence ratione loci, the Commission
has such competence given that all the alleged violations were committed within the
jurisdiction of the Republic of Ecuador.
24.
With respect to the Commission’s competence ratione temporis, the
Commission has such competence given that the alleged violations were committed
after Ecuador’s ratification of the American Convention on December 28, 1977.
25.
Finally, the Commission has competence ratione materiae because the
petition alleges violations of human rights set forth in, and protected by, the
American Convention.
B.
Other Requirements for Admissibility
a.
Exhaustion of Domestic Remedies
26.
The exhaustion of domestic remedies is a requisite for the admissibility
of any petition brought before the Inter-American Commission. This requisite,
however, is subject to a number of denial of justice exceptions, set forth in Article
46(2) of the American Convention, which provide that domestic remedies need not
be exhausted if the legislation of the State concerned fails to afford due process for
the protection of the right allegedly violated; if the party alleging violation has been
hindered in his or her access to domestic remedies; or if there has been unwarranted
delay in the issuance of a final judgment.
27.
The State correctly notes that the exception to the rule of exhaustion
of domestic remedies must be raised in the first stages of the proceedings before the
Commission. The State raised the issue in its first response to the petitioner’s
complaint. The State has argued, however, that domestic remedies were not
exhausted in this case because the petitioners failed to denounce the events to the
authorities and consequently the State had no information about which it could have
conducted an investigation and no information that such events had taken place. The
State notes that it has no information that the petitioners attempted to exhaust their
domestic remedies before the Ecuadorian authorities, or that they even attempted to
initiate any such remedy by filing a criminal accusation against any of the individuals
whom they considered responsible for the events.
28.
The petitioners responded to the State’s reply by pointing out that the
individual, under Ecuadorian law, is not required to initiate criminal proceedings by
filing an accusation against the persons putatively responsible for the crime. When
a crime is committed, the State authorities are, by law, obliged to try the persons
responsible and to punish them, whether there is an accusation against any particular
individual or not. This is particularly true in cases involving violence in which the
National Police and the Transit Commission of Guayas (special police) were reportedly
involved. The State cannot claim ignorance of the facts when they were widely
disseminated in the Ecuadorian press.
29.
Furthermore, the petitioners point out that they filed a claim before the
Ecuadorian Courts: the proceedings were given the number 91-97 and were initiated
before the 13th Criminal Court in Guayas. The petitioners presented a timely
accusation against the persons they considered responsible for the assassinations,
as part of the above-cited proceedings. Mery Chancay Quimís, Walter Huacón’s
widow, filed a criminal accusation against José Carbo. In the same proceedings, the
5