B.
Admissibility Requirements
1.
Exhaustion of domestic remedies
16.
Article 46(1)(a) of the American Convention requires the prior exhaustion of remedies
available in the domestic jurisdiction in keeping with generally recognized principles of international law, as a
requirement for admitting claims alleging violation of the American Convention. The purpose of this
requirement is to enable the national authorities to take cognizance of the alleged violation of a protected right
and, if appropriate, to resolve it before it is taken up by an international body.
17.
Article 46(2) of the Convention provides that the requirement to exhaust domestic remedies
is not applicable when (i) the domestic legislation of the state in question does not have due process of law for
protecting the right or rights allegedly violated; (ii) the persons whose rights were allegedly violated have not
been allowed access to domestic remedies, or have been kept from exhausting them; or (iii) there is an
unwarranted delay in the decision on such remedies.
18.
The petitioner alleges that the authorities have not answered his request for judicial
assistance. The State indicates that one of the alleged perpetrators of the facts is being actively sought by the
police.
19.
As appears from the record of this case, on February 27, 2007, the petitioner sent a
communication to the Prime Minister, the Minister of Justice, and the Secretary of State for Public Security
indicating that on February 7, 2007, he had been the victim of an attempted homicide, that on the same day his
16-year-old brother had been assassinated, and that both he and his family were in danger.
20.
The Inter-American Commission has established that in cases such as the instant case, which
involve crimes that must be investigated and prosecuted at the initiative of the authorities, “the State has the
obligation to promote and give impetus to the criminal process, and that in such cases, this is the suitable way
to clarify the facts, prosecute those responsible, and establish the appropriate criminal sanctions, as well as to
pave the way for other forms of reparation of a financial nature.”1
21.
In the petition under analysis, while there is no information on the filing of a judicial complaint
by the petitioners, the authorities were informed of the occurrence of crimes prosecutable at the initiative of
the State. The State indicates that the police initiated a search for one of the four alleged perpetrators.
Moreover, even in the absence of specific information in this regard, the Commission considers it reasonable
to understand that the alleged violent death of Frédo Guirant gave rise to an investigation at its own initiative.
Nonetheless, seven years after the alleged facts, no judicial investigation has formally begun, nor is there any
information on the outcome of the police search. Therefore, the IACHR decides to apply the exception to the
exhaustion of domestic remedies provided for in Article 46(2)(c) of the American Convention with respect to
the death of the minor Frédo Guirant and the alleged attempted homicide directed against Baptiste Willer on
February 27, 2007.
22.
In relation to the arguments regarding the health of Baptiste Willer, the Commission observes
that there is not sufficient information that would allow to conclude that domestic remedies have been
exhausted or that any of the exceptions provided for in Article 46(2) of the American Convention applies.
2.
Timeliness of the petition
23.
Article 46(1)(b) of the American Convention establishes that for a petition to be admissible by
the Commission it must be presented within six months of the date on which the person alleged harmed was
notified of the final decision.
1
para. 29.
IACHR, Report No. 19/12, Petition 1127-05, Family of Sergio Arturo Canales Galvez, Honduras, March 20, 2012,