4
Article 31. Condition for Considering the Petition
The Commission shall take into account petitions regarding alleged violations by
a state party of human rights defined in the American Convention on Human Rights, only
when they fulfill the requirements set forth in that Convention, in the Statute and in
these Regulations.
[. . .]
Article 33. Omission of Requirements
Without prejudice to the provisions of Article 29, if the Commission considers
that the petition is inadmissible or incomplete, it shall notify the petitioner, whom it shall
ask to complete the requirements omitted in the petition.
[. . .]
Article 38. Deadline for the Presentation of Petitions
1. The Commission shall refrain from taking up those petitions that are lodged
after the six-month period following the date on which the party whose rights have
allegedly been violated has been notified of the final ruling in cases where the remedies
under domestic law have been exhausted.
[. . .]
III.
Case Law
1.
34. [. . .] The Court must, likewise, verify whether the essential procedural
guidelines of the protection system set forth in the Convention have been
followed.
Within these general criteria, the Court shall examine the
procedural issues submitted to it, in order to determine whether the
procedures followed in the instant case contain flaws that would demand
refusal in limine to examine the merits of the case. (Velásquez Rodríguez
Case, Preliminary Objections, Judgment of June 26, 1987. Series C
No. 1, para. 34; Fairén Garbi and Solís Corrales Case, Preliminary
Objections, Judgment of June 26, 1987. Series C No. 2, para. 39; and,
Godínez Cruz Case, Preliminary Objections, Judgment of June 26,
1987. Series C No. 3, para. 37.)
2.
37. Article 46(1) of the Convention lists the prerequisites for the admission of
a petition [by the Commission] [. . .] (Velásquez Rodríguez Case, supra
1, para. 37; Fairén Garbi and Solís Corrales Case, supra 1, para. 42;
and, Godínez Cruz Case, supra 1, para. 40.)
3.
39. There is nothing in this procedure that requires an express declaration of
admissibility, either at the Secretariat stage or later, when the Commission
itself is involved.
In requesting information from a government and
processing a petition, the admissibility thereof is accepted in principle,
provided that the Commission, upon being apprised of the action taken by the
Secretariat and deciding to pursue the case (Arts. 34(3), 35 and 36 of the
Regulations of the Commission), does not expressly declare it to be
inadmissible (Art. 48(1)(c) of the Convention). (Velásquez Rodríguez
Case, supra 1, para. 39; Fairén Garbi and Solís Corrales Case, supra
1, para. 44; and, Godínez Cruz Case, supra 1, para. 42.)