foregoing, the State points out that the Prosecutors Office,, in accordance with internal
regulations and adhering to the principle of objectivity, requested that the investigation be
closed. The State adds that the relatives of the alleged victim did not become joint plaintiffs in
the process although, according to the State, they had the opportunity to do so. Furthermore,
the State argues, had the relatives done so when the Public Ministry prosecutor filed for
“dismissal,” they could have exercised the right established in Article 116 of the Code of
Criminal Procedure, objecting to the prosecutor’s petition. The State points out that the
investigation finally concluded when the judge ordered the case closed.
27.With regard to reparation, the State argues that under domestic legislation in force at the
time the petition was lodged with the IACHR, the deadline to execute that action had not yet
been established. The State adds that to seek compensation before the Inter-American
Commission without first having filed a petition for domestic remedy to claim reparation for
loss and damages would imply using the system as a fourth instance, and violate the
provisions of Article 31 of the Rules of Procedure of the Commission. Based on the foregoing,
the State considers that in accordance with Article 46.1 of the American Convention and Article
31 of the Rules of Procedure of the Commission, the petition must be declared inadmissible
because domestic remedies have not been exhausted.
28.Regarding the admissibility of the petition, the State, based on the foregoing, concludes by
requesting that the IACHR declare the petition inadmissible, alleging that the petitioners must
exhaust the remedies provided for in the domestic legislation and not use international
mechanisms as an alternative.
IV.
ANALYSIS
A.
Competence ratione personae, ratione loci, ratione temporis andratione
materiae of the Inter-American Commission
29.The petitioners are authorized by Article 44 of the American Convention to lodge petitions
before the IACHR. The petition identifies an individual as the alleged victim, whose rights,
enshrined in the American Convention and in other international instruments, the Guatemalan
State has vowed to protect and guarantee. Therefore, the IACHR has competence ratione
personae to examine the petition.
30.The Commission is also competent ratione loci to hear the petition, given that the complaint
alleges violations of rights protected under the American Convention that presumably took
place within the territory of a State Party to that treaty. The IACHR is competent ratione
temporis to examine the claim based on the fact that Guatemala ratified the American
Convention on May 25, 1978, and, thus, the obligation of the State to respect and guarantee
the rights protected under the American Convention was already in force at the time in which
the facts alleged in the petition occurred.
31.The Commission is competent ratione materiae, because the petition alleges violations of
human rights protected by the American Convention on Human Rights.
B.
Other requirements for the admissibility of the petition
1.
Exhaustion of domestic remedies
32.Article 46(1)(a) of the American Convention provides that, for a complaint lodged with the
Inter-American Commission in accordance with Article 44 of the Convention to be admissible, it
is necessary that the remedies under domestic law have been pursued and exhausted in
accordance with generally recognized principles of international law. 4 The purpose of this
4
See IA Court HR, Case Chaparro Álvarez and Lapo Íñiguez. Preliminary Exception, Merits, Reparations and Costs.
Judgment dated November 21, 2007. Series C No. 170, para. 16; IA Court HR, Case Nogueira de Carvalho et al...
Preliminary Exceptions and Merits. Judgment dated November 28, 2006. Series C No 161, para. 50;IA Court HR., Case
6