27. Petitioners are entitled to lodge a complaint with the Commission pursuant to Article 44 of the American Convention. The Petition designates as alleged victim an individual whose rights Haiti committed to uphold and guarantee given the general obligation to respect rights which it subscribed under Article 1 of the American Convention. The Republic of Haiti has been a party to the American Convention since it deposed its instrument of accession thereto on September 27, 1977. The Commission thus holds that it has the requisite competence ratione personae to adjudicate the petition before it. 28. The Commission considers that it is competent ratione loci to consider the petition as the alleged violations were committed within the territory of a state party to this treaty. 29. The Commission likewise considers that it is competent ratione temporis since the petition relates to acts allegedly committed in 2001 when the obligations assumed by the State following its subscription to the American Convention were in effect. 30. Finally, the Commission holds that it has the competence ratione materiaebecause the case denounces alleged violations of rights which are protected by the American Convention, namely the Right to humane treatment (Article 5), to personal liberty (Article 7) and the right to a fair trial (Article 8). C. Other Admissibility Requirements 1. Exhaustion of domestic remedies 31. Article 46(1)(a) of the Convention stipulates that admission of a petition shall be subject to the requirement “that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law”. The Convention’s preamble states that the IACHR grants “international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the respective states. 5 The rule of prior exhaustion of domestic remedies allows the state to resolve the problem in keeping with its domestic law before being faced with an international proceeding, which is especially valid in respect of the international jurisdiction over human rights matters. 32. In this matter, the State did not argue the failure to exhaust domestic remedies. It can thus be presumed that the State has tacitly waived a possible objection of non-exhaustion of domestic remedies. The Inter-American Court has indicated that the objection to nonexhaustion of domestic remedies, if it is to be timely, must be raised in the first stages of the proceedings, failing which, a presumption of a tacit waiver by the state to avail itself of it may be made. 6 The IACHR concludes that in this case there has been a tacit waiver by the State. D. Time period for submission of the petition 33. Pursuant to Article 46(1)(b) of the American Convention, the general rule is that a petition must be submitted within six months, counted “from the date on which the party alleging violation of his rights was notified of the final judgment”. In the petition under consideration, the Commission has established a tacit waiver by the State of its right to invoke nonexhaustion of domestic remedies, thus the requirement of Article 46(1)(b) of the Convention is not applicable. 34. Nonetheless, the requirements of exhaustion of domestic remedies and submission within six months of the judgment exhausting domestic remedies, both set forth in the American Convention, are independent. Therefore, the Commission must determine whether the petition under consideration was submitted within a reasonable time. 5 6 See second paragraph of the Preamble of the American Convention. Inter-American Court of Human Rights, Velásquez Rodríguez Case. Preliminary Objections. Judgment of June 26, 1987, § 8; Fairén Garbi and Solís Corrales Case. Preliminary Objections. Judgment of June 26, 1987, §87;Gangaram Panday Case. Preliminary Objections. Judgment of December 4, 1991, §38; Loayza Tamayo Case. Preliminary Objections Judgment of January 31, 1996, §40. 4

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