stage and therefore the legitimate self-defense under which the soldiers
had acted had not yet been clarified. It alleges that in light of those
considerations a judgment of acquittal in the criminal jurisdiction and
one of liability in the contentious-administrative jurisdiction could coexist.
27.
As regards the requirement of prior exhaustion of domestic
remedies, the State alleges that they were exhausted with the judgment
on appeal issued by the Superior Military Tribunal on March 1, 2000.
Finally, the State asks that the petition be found inadmissible,
considering that a pronouncement by the Commission on the alleged
violations of the American Convention would be tantamount to the
Commission sitting as a court of fourth instance.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
28.
The petitioners are authorized in principle, by Article 44 of the
American Convention, to submit petitions to the Commission. The
petition describes as an alleged victim an individual with respect to
whom the Colombian State has undertaken to respect and ensure the
rights enshrined in the American Convention. As regards the State, the
Commission notes that Colombia has been a state party to the American
Convention since July 31, 1973, the date it deposited its instrument of
ratification. Therefore, the Commission is competent ratione personae to
examine the petition.
29.
In addition, the Commission is competent ratione loci to
take cognizance of the petition, insofar as it alleges violations of rights
protected in the American Convention in the territory of Colombia, a
state party to that treaty. The Commission is competent ratione
temporis insofar as the obligation to respect and ensure the rights
protected in the American Convention was already in force for the State
as of the date of the facts alleged in the petition. Finally, the
Commission is competent ratione materiae, as the petition alleges
possible violations of human rights protected by the American
Convention.
B.
1.
Admissibility requirements
Exhaustion of domestic remedies
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