36. Regarding the conventional filing period, the petitioner argues that he was notified of the
Supreme Writ of Execution ordered by the Criminal Chamber of the Supreme Court on February
4, 2005, after his defense counsel requested copies, thus exhausting domestic remedies and
filing the petition before the Inter-American Commission on February 14, 2005. Therefore, the
petitioner holds that he is within the timeframe set by Article 46(1)(b) of the Convention.
37. The petitioner expressly notes that he is being held, as a convict, at the Miguel Castro Castro
Maximum Security Penitentiary in Lima as of the date of this complaint’s submission to the
IACHR.
B.
State
38. In this section, the Inter-American Commission notes that as of the date of the drafting of
this report on the admissibility of petition No. 156-05, filed by Luis Williams Pollo Rivera, the
Peruvian State has not submitted its response to the petition, which was conveyed to it on March
22, 2005.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence ratione personae, ratione loci, ratione temporis andratione
materiae of the Commission
39. The petitioner is empowered under Article 44 of the American Convention to file petitions on
behalf of the alleged victim, with respect to whom the Peruvian State has agreed to respect and
ensure the rights enshrined in the American Convention. Peru has been a party to the American
Convention since July 28, 1978, when it deposited the corresponding instrument of ratification.
The Commission therefore has competence ratione personae to examine the complaint.
40. In addition, the Commission has competence ratione loci to deal with the petition, since it
claims violations of rights protected by the American Convention occurring under the jurisdiction
of the State. The Commission has competence ratione temporis to study the claim since the
obligation of respecting and ensuring the rights protected by the American Convention was
already in force for the State on the date on which the incidents described in the petition allegedly
occurred.
41. Finally, the Commission has competence ratione materiae to examine this case, since the
petition describes possible violations of human rights protected by the American Convention.
B.
Other admissibility requirements of the petition
1.
Exhaustion of domestic remedies
42. Article 46(1)(a) of the American Convention states that, for a complaint filed with the InterAmerican Commission in compliance with Article 44 of the Convention to be admissible, the
remedies available under domestic law must have first been pursued and exhausted in
accordance with generally recognized principles of international law. This requirement is
intended to facilitate the domestic authorities’ examination of the alleged violation of a protected
right and, if appropriate, to resolve it before it is brought before an international venue.
43. As indicated by the principles of international law, reflected in the precedents set by the
Inter-American Commission and Court, first, the respondent State may expressly or tacitly waive
the right to invoke this rule.12 Secondly, the objection asserting the non-exhaustion of domestic
remedies, to be timely, must be made at an early stage of the proceedings before the
IACHR, Report No. 69/05, Petition 960/03, Admissibility, Iván Eladio Torres, Argentina, October 13, 2005, paragraph
42; I/A Court H. R., Ximenes Lopes Case. Preliminary Objections. Judgment of November 30, 2005, Series C No. 139,
paragraph 5; I/A Court H. R., Case of the Moiwana Community. Judgment of June 15, 2005, Series C No. 124, paragraph
49; and I/A Court H.R., Case of the Serrano Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004,
Series C No. 118, paragraph 135.
12
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