29. The State requests that the Inter-American Commission declare the complaint inadmissible
by virtue of the allegations made and in accordance with the provisions of both the American
Convention and the Commission’s Rules of Procedure.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence ratione personae, ratione materiae, ratione temporis, andratione
loci
30. In accordance with Article 44 of the American Convention and Article 23 of the Rules of
Procedure of the IACHR, the petitioners have standing to submit petitions to the Commission
regarding alleged violations of the rights established in that treaty. As regards the State, Chile
is a party to the American Convention and thus answerable in the international arena for
violations of that instrument.
31. In this regard, the State argues that the complaint with respect to the 69 Mapuche leaders
who signed the petition was inadmissible and groundless. For their part, the petitioners
clarified in their brief dated December 30, 2005 that the victim of the human rights violations
they report is Víctor Manuel Ancalaf Llaupe and that the attorneys as well as the 69 Mapuche
who signed the petition did so as petitioners.
32. Thus, the petition indicates as the alleged victim an individual with respect to whom the
Chilean State agreed to honor and guarantee rights enshrined in the American Convention.
Based on all the foregoing, the Inter-American Commission is competent ratione personae to
examine the complaint.
33. The IACHR is competent ratione materiae because the petition refers to complaints of
violations of human rights protected by the American Convention. In addition, it enjoys
competence ratione temporis in that the obligation to respect and guarantee the rights
protected in that treaty was already in effect for the State on the date on which the event
alleged in the petition would have taken place, given that Chile ratified the American
Convention on August 21, 1990. Finally, the Inter-American Commission is competent ratione
loci to hear the petition, in that it alleges violations of rights protected under the American
Convention that would have occurred within the territory of a State Party to that instrument.
B.
Requirements for admissibility of the petition
1.
Exhaustion of domestic remedies
34. Article 46(1)(a) of the American Convention establishes as one of the requirements for
admission of a petition “that the remedies under domestic law have been pursued and
exhausted in accordance with generally recognized principles of international law."
35. Based on the information provided by the parties, the Commission notes that domestic
remedies have been exhausted with respect to the facts denounced in this petition. In effect,
on November 22, 2004, the Supreme Court rejected the complaint appeal the defense filed on
behalf of Mr. Víctor Manuel Ancalaf Llaupe, which sought the invalidation of the conviction due
to serious error or abuse in the decision.
36. In accordance with Article 97 of the Organic Code of Courts, decisions issued by the
Supreme Court in appeals on substantive grounds, on procedural grounds, for complaint, for
protection, for constitutional protection, and for review are not subject to appeal whatsoever,
other than for clarification, correction or amendment as established in Article 182 of the Code
of Civil Procedure. Any resubmission or reconsideration of the rulings referred to in this article
is inadmissible and shall be rejected in full by the President of the Court.
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