allocate an amount equivalent to the resources it had failed to receive as a result of derogation
of Ministerial Resolution Nº 303-91-TC/15.03 and Article 4 of Supreme Decree Nº 054-91PCM.
28.
It reported that the Peruvian State has been evaluating financial possibilities
with a view to arriving at a satisfactory solution to the present petition before the IACHR,
using the resources of the Ministry of Economy and Finance. The State added that “since the
term of office of the transition government is about to come to an end, any measures to be
adopted would come from the new constitutional government.”
IV.
ANALYSIS
29.
The Commission undertook an analysis of the requirements for admissibility
of a petition, as established in the American Convention.
A.
Competence of the Commission ratione personae, ratione loci, ratione
temporis, and ratione materiae
30.
The petitioners are authorized by Article 44 of the American Convention to
lodge complaints with the IACHR. According to the petition, the presumed victims are private
individuals, in respect of whom Peru has undertaken a commitment to respect and guarantee
the rights enshrined in the American Convention. As far as the State is concerned, the
Commission observes that Peru has been a State party to the American Convention since July
28, 1978, the date it deposited its instrument of ratification. Therefore, the Commission has
competence ratione personae to consider the petition.
31.
The Commission is competent ratione loci to consider this petition, because the
petition alleges violations of rights protected by the American Convention that occurred within
the territory of a state party to that agreement.
32.
The IACHR is competent ratione temporis, because the events alleged in the
petition took place when the obligation to respect and guarantee the rights established in the
Convention were already in effect for the Peruvian State.
33.
Finally, the Commission is competent ratione materiae, because the petition
reports violations of human rights protected by the American Convention.
B.
Requirements for admissibility of the petition
1.
Exhaustion of domestic remedies
34.
The petition under consideration refers to noncompliance by the Peruvian State
with the decision of the Supreme Court of the Republic dated February 12, 1992. The State
did not enter any pleas in relation to the requirement of exhaustion of domestic remedies.
On this point, the Inter-American Court has stated that “in order for a plea arguing failure to
exhaust domestic remedies to be timely, it must be submitted in the early stages of the
proceeding, and failure to do so may be presumed as tacit relinquishment by the state in
question of its right to avail itself of that plea.” 1
1 Inter-American Court of Human Rights, Velásquez Rodriguez Case, Preliminary Objections, Judgment of June 26,
1987, Series C, Nº 1, par. 8; Fairén Garbi and Solis Corrales Case, Preliminary Objections, Decision of June 26, 1987,
Series C, Nº 2, par. 87; Gangaram Panday Case, Preliminary Objections, Judgment of December 4, 1991, Series C,
Nº 12, par. 38; Loayza Tamayo Case, Preliminary Objections, Judgment of January 31, 1996, Series C, Nº 25, par.
40.