fulfill the requirements set forth in those instruments, in the Statute, and in these
Rules of Procedure.” 18
For its part, Article 28, entitled “Requirements for the Consideration of Petitions,”
establishes in paragraph (h), that:
“Petitions addressed to the Commission shall contain the following information: [...]
any steps taken to exhaust domestic remedies, or the impossibility of doing so as
provided for in Article 31 of these Rules of Procedure.” 19
It should be noted that Article 29(1) and (3) of the same regulatory text, entitled “Initial
Processing,” reiterates the provisions of Article 26(2):
“1. The Commission, acting initially through the Executive Secretariat, shall receive
and carry out the initial processing of the petitions presented. Each petition shall be
registered, the date of receipt shall be recorded on the petition itself and an
acknowledgement of receipt shall be sent to the petitioner.
3. If the petition does not meet the requirements of these Rules of Procedure, the
Commission may request that the petitioner or his or her representative complete
them in accordance with Article 26(2) of these Rules.” 20
It follows, then, that the information required for the petition to be “processed” or
“considered” must refer either to the steps taken to exhaust the remedies under domestic
law or to the impossibility of exhausting them. In other words, the petition must give an
account of what was done to exhaust the remedies in question or state that it was
impossible to exhaust them and, if nothing is expressed in that regard, the Commission
must require the petitioner to do so under the statutory warning of not considering it.
In this sense, the Commission, acting through its Executive Secretariat, must carry out an
initial control of conventionality of the petition, comparing it with the provisions of the
Convention and with its Rules of Procedure; in other words, it must determine whether it
meets the corresponding requirements at the time it was “lodged” and if it finds that it does
not, it must demand that this be done. Otherwise, the logic and necessity of the “study and
initial processing” of the petition by the Commission's Executive Secretariat could not be
understood, nor the reason why the petitioner should be required to complete the petition
by indicating the steps taken to exhaust domestic remedies or the impossibility of doing
so.
b. Forwarding the petition to the State concerned
With respect to the forwarding of the petition to the State concerned, the Commission's
Rules of Procedure also confirm the above interpretation, i.e., that the exhaustion of
18
Idem in relation to Article 27 of the current Rules of Procedure.
19
Idem in relation to Article 28(8) of the current Rules of Procedure.
The provisions of Article 29(1) and (3) correspond to those included in Article 29(1), (a) and (b) of the current
Rules of Procedure.
20
9
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