REPORT Nº 13/03 1 PETITION 12.031 ADMISSIBILITY JORGE ROSADÍO VILLAVICENCIO PERU February 20, 2003 I. SUMMARY 1. By petition lodged with the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR”) on April 13, 1998, Mrs. Amelia Villavicencio de Rosadío (hereinafter “the petitioner”) reported that the Republic of Peru (hereinafter “Peru,” “the State,” or “the Peruvian State”) violated, to the detriment of her son, Mr. Jorge Rosadío Villavicencio (hereinafter “the victim”) the principle of legality, and the rights to personal liberty, to privacy, and to a fair trial, as enshrined in Articles 9, 7, 11, and 8, respectively, of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), in conjunction with Article 1(1) of the Convention. The violations reported are related to alleged irregularities committed by the judicial branch in the criminal proceedings against the victim, in prosecuting him for the crime of possession and trafficking of narcotics. In addition, also appearing in this case, as co-petitioner, is Carolina Loayza Tamayo, Esq. 2. With respect to the admissibility of the petition, the petitioner argues before the Commission that the relevant domestic remedies have been exhausted, and that the petition was lodged within the time period provided for in the Convention, based on when she was notified of the final decision in the domestic system. In addition, petitioner notes that she is not asking the IACHR to review this case as if it were on appeal, but rather, to verify whether her son’s rights under the Convention were violated. 3. The State, in turn, has informed the IACHR that it must expressly declare this petition inadmissible, pursuant to Articles 47 and 48 of the American Convention, for being manifestly out of order. 4. After analyzing the arguments of the parties and compliance with the admissibility requirements provided for in the Convention, the Commission decided to declare the petition admissible, in keeping with 1 In keeping with Article 17(2) of the Commission’s Rules of Procedure, Commissioner Susana Villarán, of Peruvian nationality, did not participate in the discussion or decision of this matter. 1

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