Commission therefore reminds Bolivia that it is obliged to cooperate with the organs of
the inter-American human rights system in the interests of the optimal performance of
its duties in protecting human rights.
B.
Competence of the Commission Ratione Personae, Ratione Materiae,
Ratione Temporis, and Ratione Loci
17.
First of all, the petitioners are entitled, under Article 44 of the American
Convention, to lodge complaints with the IACHR. The petition names, as its alleged
victims, individual persons with respect to whom the Bolivian State had assumed the
commitment of respecting and ensuring the rights enshrined in the American
Convention. With respect to the State, the Commission notes that Bolivia has been a
party to the American Convention since July 19, 1979, when it deposited its
corresponding instrument of ratification. The Commission therefore has competence
ratione personae to examine the complaint.
18.
The Commission has competence ratione loci to deal with the petition since it
alleges violations of rights protected by the American Convention occurring within the
territory of a state party thereto. The Commission has competence ratione temporis
since the obligation of respecting and ensuring the rights protected by the American
Convention was already in force for the State on the date on which the incidents
described in the petition allegedly occurred. Finally, the Commission has competence
ratione materiae since the petition describes violations of human rights that are
protected by the American Convention. However, the Commission does not have
competence with respect to the alleged violations of the International Refugees
Convention and of the Convention on the Rights of the Child, as indicated by Article 29
of the American Convention. The Commission will consider both those instruments in
its analysis of the State’s international obligations under the American Convention.
C.
1.
Admissibility Requirements
Exhaustion of domestic remedies
19.
Article 46(1) of the American Convention rules that for a petition to be
admissible, the remedies available under the State’s domestic jurisdiction must first
have been exhausted.
20.
The Commission’s jurisprudence, and that of the Inter-American Court of
Human Rights, has repeatedly set out the purpose or ultimate goal of habeas corpus
remedies, saying that such remedies are “designed to protect personal freedom or
physical integrity against arbitrary detentions by means of a judicial decree ordering
the appropriate authorities to bring the detained person before a judge so that the
lawfulness of the detention may be determined and, if appropriate, the release of the
detainee be ordered.”8
21.
The State lodged no preliminary objections alleging the failure to exhaust
domestic remedies. Consequently, the Inter-American Commission rules that with
8 Inter-Am.Ct.H.R., Habeas Corpus in Emergency Situations (Articles 27(2) 25(1), and 7(6) of the American
Convention on Human Rights), Advisory Opinion OC-8/87, January 30, 1987, Series A Nº 8, paragraphs 3335. Inter-Am.Ct.H.R., Judicial Guarantees in States of Emergency (Articles 27(2), 25, and 8 of the American
Convention on Human Rights), Advisory Opinion OC-9/87 of October 6, 1987, Series A Nº 9, paragraph 31.
Inter-Am.Ct.H.R., Case of Neira Alegría et al., Judgment of January 19, 1995, Series C Nº 20, paragraph 82.
Inter-Am.Ct.H.R., Suárez Rosero Case, Judgment of November 12, 1997, Series C No. 35, paragraph 63.