summary execution, the Inter-American Court considers judicial rulings
to be events independent and autonomous from the situation that gave
rise to them. In its judgment of September 3, 2004 in the case of
Alfonso Martin del Campo Dodd v. United Mexican States, the InterAmerican Court emphasized this point:
79.
On this point, the Court must indicate with all clarity that
if the alleged crime was continuing or permanent, the Court would
have competence to consider the acts or events occurring
subsequent to recognition of the Court's jurisdiction. But in a case
such as the present one, the supposed crime underlying the
alleged violation (torture) was instantaneous, it occurred and was
consummated before recognition of contentious jurisdiction. With
respect to the investigation of that crime, this was pursued and
was reopened on several occasions. This occurred subsequent to
recognition of the Court's jurisdiction, but neither the Commission
nor the representatives of the presumed victim have provided any
evidence to indicate specific violations of due process that the
Court might have considered. (Emphasis added).
25.
In the present case, all the judicial proceedings that
constitute the subject of the complaint took place subsequent to Chile's
ratification of the American Convention. In addition, the Commission has
jurisdiction ratione temporis because the judgments were issued on
January 28, 1999, October 24, 2002, and January 7, 2003, at which
time the Chilean State was bound by the obligation to respect and
guarantee the rights enshrined in the American Convention.
26.
The Commission has jurisdiction ratione loci inasmuch as
the alleged violations took place within the territory of a State party to
the American Convention.
B.
Other requirements of admissibility
1.
Exhaustion of domestic remedies
27.
As a requirement for admissibility, Article 46(1) of the
American Convention requires that the remedies under domestic law
have been pursued and exhausted. The petitioner argues that he has
pursued and exhausted the domestic remedies available under Chilean
legislation. He claims that, through the judgment handed down on
January 7, 2003, the Supreme Court closed off domestic judicial review.
For its part, the State did not deny or contest the petitioner's assertion.
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