Thus, these rules establish that once the petition or communication has been “lodged”
before the Commission, the admissibility procedure begins, in which the "dispute" arises as
to whether the petition or communication should be declared “admissible” or “inadmissible,”
that is, whether or not, at the time it was “lodged” it met the requirements set forth in
Article 46. On the other hand, it does not stipulate that at the time the Commission rules
on the admissibility of the petition, the latter must meet these requirements. In this regard,
it should be noted that once again, the rule indicates that the Commission must rule on the
admissibility of the petition or communication “lodged” and obviously considers that this
filing gave rise to the corresponding case and that, consequently, at that moment it
complied with the requirement of prior exhaustion of domestic remedies or that it was
alleged that this was not applicable, and not afterwards.
B. Rules of Procedure of the Commission
The Commission’s own Rules of Procedure in force at the time when the petitions in question
were submitted to the Commission also regulate the admissibility procedure and, in doing
so, reflect its interpretation of Article 46 of the Convention. 16 This procedure distinguishes
between the lodging of the petition and its initial review, the forwarding of the petition to
the State, the State’s response and the observations of the parties and, finally, the decision
on admissibility.
a. Initial review by the Commission
First, it is appropriate to consider the provisions of Article 26 of the Rules of Procedure,
entitled “Initial Review:
1. The Executive Secretariat of the Commission shall be responsible for the study and
initial processing of petitions lodged before the Commission that fulfill all the
requirements set forth in the Statute and in Article 28 of these Rules of Procedure.
2. If a petition or communication does not meet the requirements set forth in these
Rules of Procedure, the Executive Secretariat may request the petitioner or his or her
representative to fulfill them.
3. If the Executive Secretariat has any doubt as to whether the requirements referred
to have been met, it shall consult the Commission.” 17
In turn, Article 27 of said regulatory text, entitled “Condition for Considering the Petition”,
establishes that:
“The Commission shall consider petitions regarding alleged violations of the human
rights enshrined in the American Convention on Human Rights and other applicable
instruments, with respect to the Member States of the OAS, only when the petitions
Adopted by the Commission at its 109th special session held on December 4 to 8, 2000, and amended during
its 116th regular session, held on October 7 to 25, 2002, and at its 118th regular session, held on October 6 to 24,
2003. The footnotes indicate the rule that is currently in force, equivalent to that in force between 2004 and 2006,
the period during which the petitions of the instant case were lodged before the Commission.
16
17
Article 26 of the current Rules of Procedure.
8
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