been a party to the American Convention since September 5, 1984,
when it deposited its instrument of ratification.
Therefore, the
Commission is competent ratione personae to examine the petition.
30. The Commission is competent ratione loci to examine the
petition, insofar as it alleges violations of rights protected in the
American Convention said to have taken place in the territory of a State
party to that treaty. In addition, the IACHR is competent ratione
temporis insofar as the obligation to respect and ensure the rights
protected in the American Convention was already in force for the State
on the date when the facts alleged in the petition are said to have
occurred. Finally, the Commission is competent ratione materiae since
the petition alleges violations of human rights protected by the American
Convention.
B.
OTHER ADMISSIBILITY REQUIREMENTS
1.
Exhaustion of domestic remedies
31. In terms of this aspect of admissibility, the Commission
observes that in the processing of this matter, at no time did the State
invoke the objection of failure to exhaust domestic remedies with
respect to the domestic proceedings against Mr. Jorge Rosadío
Villavicencio.
32. The IACHR must determine whether the State tacitly waived
this objection.
33. The Inter-American Court of Human Rights has noted that:
“the objection asserting the non-exhaustion of domestic remedies, to be
timely, must be made at an early stage of the proceedings by the State
entitled to make it, lest a waiver of the requirement be presumed..” 3
Accordingly, the IACHR establishes in respect of the instant case that
the Peruvian State has not invoked the objection of failure to exhaust
domestic remedies, and therefore it tacitly waived it, for having failed to
invoke it expressly and in timely fashion in any of the communications
sent to the Commission.
The Commission considers that the
3 I/A Court H.R., Velásquez Rodríguez Case, Preliminary Objections, Judgment of June
26, 1987, Series C Nº 1, para. 88; Godínez Cruz Case, Preliminary Objections,
Judgment of June 26, 1987, Series C Nº 3, para. 90; Fairén Garbi and Solís Corrales
Case, Preliminary Objections, Judgment of June 26, 1987, Series C No. 2, para. 87;
Loayza Tamayo Case, Preliminary Objections, Judgment of January 31, 1996, Series C
Nº 25, para. 40.
9
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