should be reduced to be proportionate to the conduct examined and to the case that the plaintiff
[in the original suit] had made.” Accordingly, the State noted, the Supreme Court “reduced the
damages to conform to the guidelines established by the American Convention.”
20. Lastly, the State argues that nothing was said in the ruling to the effect that the damages
were based on criticisms made of a public official, precisely because “the subsequent imposition of
liabilities was done in accordance with the law and the liabilities were of a scope necessary to
ensure respect for the rights or reputation of others.”
IV.
A.
ANALYSIS OF ADMISSIBILITY
Competence
21. Regarding the State, the Commission notes that Argentina has been party to the Convention
since September 5, 1984, the date on which the respective instrument of ratification was
deposited.
22. Under Article 44 of the American Convention and Article 23 of the Commission’s Rules of
Procedure, the petitioners have standing to file petitions with the Commission with regard to the
alleged violations of rights established in the American Convention. The alleged victims, Jorge
Fontevecchia and Hector D’Amico, are natural persons whose Convention-protected rights the
State pledged to guarantee. The Commission is, therefore, competent ratione personae to
examine the complaint.
23. The Commission is competent ratione materiae because the petition alleges violation of
human rights protected under the American Convention. The Commission is also competent
ratione temporis since the obligation to respect and ensure the rights protected under the
American Convention was already binding upon the State on the date the facts alleged in the
petition were said to have occurred. Finally, the Commission is competent ratione loci because the
alleged violations of Convention-protected rights were said to have occurred within the territory of
a State party thereto.
B.
Requirements for the petition’s admissibility
1.
Exhaustion of domestic remedies
24. The petitioners contend that the remedies under domestic law were exhausted with the
Supreme Court’s ruling of September 25, 2001. The State, for its part, has made no claim to the
effect that other remedies remained to be exhausted or that the remedies reported were
improperly asserted. The Commission therefore considers that the petitioners did exhaust the
proper domestic remedies and that the requirements stipulated in Article 46(1)(a) have been met.
2.
Timeliness of the petition
25. Article 46(1)(b) of the Convention states that a petition must be lodged within a period of six
months from the date on which the petitioner is notified of the final judgment exhausting
domestic remedies. In the petition under study, the date of the final judgment is September 25,
2001. The petitioners filed their complaint with the Commission on November 15, 2001. The
Commission therefore considers that the petition was filed within the time period stipulated in
Article 46(1)(b) of the Convention.
3.
Duplication of international proceedings and international res judicata
4