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victim, the IACHR cannot hear the merits of the case in that its purpose is not to act as a special
instance. Based on the foregoing, the State asks that the instant petition be declared inadmissible.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence ratione personae, ratione temporis, ratione loci, and ratione materiae of
the Inter-American Commission
24.
The petitioners are authorized by Article 44 of the American Convention to submit
complaints to the IACHR. The petition indicates as the alleged victims natural persons w ith respect
to w hom the State has agreed to respect and guarantee the rights enshrined in the American
Convention. With respect to the State, the Commission indicates that Nicaragua has been a State
Party to the American Convention since September 25, 197 9, the date on w hich it deposited its
ratifying instrument. Thus, the Commission is competent ratione personae to examine the petition.
The Commission is also competent ratione loci to hear the petition in that it alleges violations of
rights protected in the American Convention that occurred w ithin the territory of Nicaragua, a State
Party to that treaty.
25.
The Commission is competent ratione temporis because the obligation to respect and
guarantee rights protected by the American Convention w as in force for the State on the date w hen
the events alleged in the petition occurred. Finally, the Commission is competent ratione materiae
because the petition denounces possible violations of human rights protected by the American
Convention.
B.
Exhaustion of domestic resources
26.
Article 46.1.a of the American Convention provides that in order for a complaint
submitted to the Inter-American Commission to be admissible in accordance w ith Article 44 of the
Convention the domestic remedies must have been pursued and exhausted in accordance w ith
generally recognized principles of international law . The purpose of this requirement is to allow
domestic authorities to learn of the alleged violation of a protected right and, if appropriate, resolve
it before it is heard by an international body.
27.
In the instant case, the petitioners assert that the domestic remedies w ere
exhausted w ith the ruling of the Criminal Chamber of the Supreme Court of Justice of Nicaragua
(Case No. 2019-2004) of December 19, 2006, w hich declared inadmissible a cassation appeal filed
by Mrs. Acosta. In contrast, the State maintains that the domestic remedies have been improperly
exhausted, because the ruling ordering the final acquittal of the individuals identified by the
petitioners as being responsible for the murder of Mr. García Valle w as not appealed in the proper
time and manner.
28.
In order to analyze satisfaction of the requirement that domestic remedies be
exhausted, the Commission must identify the appropriate remedy to be exhausted according to the
circumstances, w hich is understood to mean the remedy that can resolve the violated legal status. 8
According to the report, the suitable remedy for responding to the situation reported w as the
criminal case initiated for the murder of Mr. García Valle, w hich included various courts.
29.
The information appearing in the case file indicates that on May 13, 2002, in the
criminal process under court file 110 -02, the District Criminal Court of Bluefields issued a final
decision in favor of three individuals prosecuted for the crime of murdering Mr. Francisco García
Valle. On May 16, 2002, the legal representative of Mrs. Acosta filed an appeal against the decision
8
IACHR, Report No. 22/09, Admissibility, Igmar Alexander Landaeta Mejías, Venezuela, March 20, 2009. Para. 45.
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