14. According to the petitioner, no criminal investigation was initiated as a result of the
complaint he presented on August 1, 2002 to the Office of the Prosecutor of Port-au-Prince.
Nor was any criminal investigation initiated based on the complaint submitted on June 27,
2002 by the director of the Justice and Peace Commission to the Chief Inspector General of the
National Police of Haiti.
B.
The State
15. The State has not presented any response to the facts alleged by the petitioner in his
petition, nor has it questioned the admissibility of the petition under consideration. It simply
acknowledged receipt of the communications from the Commission, and, in a letter dated
March 21, 2003, and received by the IACHR on May 6, 2003, he indicated that a meeting was
held at the Ministry of Foreign Affairs between the petitioner and Mr. Gaspard, a Ministry
official, to discuss implementation of the precautionary measures.
IV.
ANALISYS
A.
Competence of the Commission ratione personae, ratione loci, and ratione
temporis
16. The petitioner is authorized by Article 44 of the American Convention to submit complaints
to the Commission. The petition notes as the alleged victim Mr. Lysias Fleury, a natural person,
in keeping with Article 1(2) of the American Convention. The respondent State, the Republic of
Haiti, ratified the American Convention on September 27, 1977. Therefore, the Commission is
competent ratione personae to examine the petition.
17. As regards competence ratione loci, all the alleged violations were committed in the
jurisdiction of the Republic of Haiti.
18. As regards competence ratione temporis, the violations are alleged to have been
committed after September 27, 1977, when Haiti ratified the American Convention.
19. As for competence ratione materiae, the violations described, if true, could constitute
violations of Articles 5, 7, and 11 of the American Convention.
B.
Other admissibility requirements
1.
Exhaustion of domestic remedies
20. Article 26(1)(a) of the Convention provides that the admissibility of a petition submitted to
the Commission is subject to the requirement that domestic remedies have been pursued and
exhausted, in keeping with generally accepted principles of international law. The preamble to
the Convention states that it confers international treaty protection, which reinforces or
complements the protection offered by the domestic law of the respective states. 1 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.
21. In this case, as mentioned above, the petitioner alleges in his petition and subsequent
communication that he filed a criminal complaint on August 1, 2002, before the public
prosecutor of Port-au-Prince, reporting the events of June 24 and 25, 2002, requesting that
the Public Ministry open a criminal investigation against the police officers from the Bon Repos
police station. He also indicates that on June 27, 2002, the director of the Justice and Peace
Commission lodged a criminal complaint with the Inspector General of the National Police.
1
See second paragraph of the Preamble of the American Convention.
3