right to freedom of expression would not have been able to occur without the dissolution and confiscation of
the assets of the radio station La Voz del Sur, in the Commission’s opinion, the court proceedings initiated by
the petitioner in 1995 are independent and autonomous from the situation that triggered them.
25.
Therefore, the Commission finds that it has jurisdiction ratione temporis under the American
Convention because the obligation to respect and guarantee the rights protected therein were already in force
for the State on the date of the events alleged in the petition.
26.
Finally, the Commission has jurisdiction ratione loci to examine the petition because it alleges
the violation of rights protected in American Convention that reportedly took place in Chile.
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
27.
Article 46.1.a of the American Convention requires the prior exhaustion of remedies available
under domestic jurisdiction, according to recognized principles of international law, as a requirement for the
admission of petitions alleging violations of the American Convention.
28.
It has been established that in September 1995 the petitioner filed on behalf of himself and of
the Radio La Voz del Sur Ltd and its partners –a civil action [Acción de Nulidad de Derecho Público] seeking the
nullification of the Decrees No. 473 and No. 1163 both from 1974, as well as compensation of damages and lost
profits caused by the dissolution, closure and confiscation of the assets of the radio station of their propriety,
La Voz del Sur. According to the case file, the petitioner sued the Treasury before domestic courts, arguing that
the Decrees "cannot be considered valid if they are contrary to constitutional guarantees of the right of
individual private property and the right to ´no-confiscation without due process´, and to the fair trial before
the courts." In its cassation judgment of January 21th, 2004, the Supreme Court of Chile ruled that although the
contested Decrees are null and void, the right to access to reparations as a result of that annulment had
prescribed.
29.
The petitioner claimed that with this decision of the Chilean highest court, the alleged victims
exhausted the legal remedies available under domestic legislation. The Commission notes that the State did not
deny or dispute the petitioner’s assertions. Therefore, the Commission finds that the petition meets the
requirement established in Article 46.1.a) of the American Convention.
2.
Timeliness of the petition
30.
Article 46(1)(b) of the Convention establishes that, in order for the petition to be declared
admissible, it must be filed within six months of the date on which the interested party was served notice of the
final decision that exhausted the domestic remedies.
31.
In this case, the Chilean Supreme Court’s decision on the petition for cassation was issued on
January 21, 2004, and the petition was filed on July 21, 2004. Accordingly, the Commission finds that the
admissibility requirement concerning the timeliness of the petition has been met.
3.
Duplication of international proceedings
32.
The case file does not contain any information to indicate that the subject of the petition is
pending in another international proceeding, or that it duplicates a petition previously decided by the IACHR
or another international body. Hence, the requirements set forth in Articles 46.1.c and 47.d of the Convention
have been met.
4.
Colorable claim
5