B.
Position of the State
16.
In this admissibility stage, the State says that it will not deal in depth with the petitioner’s
obligations. However, it states that when the alleged victims were questioned about the subversive material
found in their car, they refused to give explanations and offered money to the federal agents if they would let
them continue their trip.
17.
Mexico argues that the petition submitted by the petitioner should be declared inadmissible.
In the first place, it maintains that the complaint received by the IACHR on February 23, 2007 does not
constitute a petition as defined in the American Convention, because in its original communication the
petitioner reserved “the right to request that it be admitted at a later time.” According to the State, the
complaint is not a petition, but a mere prelude to a possible petition, so that there was no petition on which the
IACHR could rule on admissibility.
18.
In the second place, the State argues that there is no issue for the case, because the alleged
victims were released on October 16, 2008, by the Second Central Court of the Seventh Circuit in Veracruz. The
State says that the alleged victims found favorable resolution for their claims in domestic courts, so there is no
issue.
19.
If the IACHR should decide to analyze the case’s admissibility—despite the State’s contention
that there is no petition on which to rule—it argues that domestic remedies have not been exhausted. According
to the State, the ultimate resolution applicable to the alleged victims was the appellate ruling issued by the
Second Central Court of the Seventh Circuit on October 16, 2008. It states that said decision absolved the
defendants of the offense of organized crime, confirmed the penalty for bribery, and ordered their immediate
release. Mexico says that if Messrs. Tzompaxtle Tecpile and Mr. Robles López had considered that this
resolution violated their human rights, the appropriate remedy to protect their rights would have been an
amparo appeal. However, the State says they did not file any such appeal of the decision, so they haven’t
exhausted domestic remedies.
20.
Finally, the State argues that a petition was not presented within the period established by
Article 46 of the American Convention. It says that the parties were notified of the final decision in this case on
October 16, 2008, and two and a half years later—when the State submitted its observations on June 2, 2011—
the petitioner had not presented any amparo appeal of the decision. Moreover, it argues that if the petitioner
decided to request the admissibility of this case at that time, i.e., when the State presented its observations, the
request would be late and should be rejected because it would be after the six months period established in the
American Convention.
IV.
A.
ANALYSIS ON ADMISSIBILITY AND COMPETENCE
Existence of a petition
21.
The Commission notes that in the petitioner’s initial communication presented on February
23, 2007, it reserved the right “to request that it be admitted at a later time.” Based on that statement, the State
argues that this matter is not a petition as defined in the Rules of Procedure of the Inter-American Commission,
and that the petitioner did not subsequently request that it be admitted.
22.
On this matter, the IACHR observes that in the same note of February 23, 2007, the petitioner
said that it informed the Commission about the “following case, because it considers that it violates the
American Convention on Human Rights” and said “[…] we respectfully request that the IACHR: […] issue an
opinion that the Mexican State violated articles of the American Convention on Human Rights, Articles
7(1)(2)(3)(4)(5)(6), Article 8(1)(2)(b)(c), and Articles 15 and 25.” On November 14, 2008, the petitioner
submitted additional information including a note in which it said it was “hoping that the Inter-American