with Article 121 of the Peruvian Penal Code5, since the presumed victim lost the vision of his right eye, which was committed by a government employee. The State argued that the soldier Valdemir Quispialaya Vilcapoma was not in a situation of custody or detention in that moment in order to allege that the conduct in question would be considered torture as the concept has been developed by international consensus. Therefore, the presumed victim would not have exhausted domestic remedies because he still would have the ability to make a criminal denouncement of the crime of serious injuries, because the conduct in question is not prescribed and, in the understanding of the State, in this case the universal principle ofnom bis in idem is not violated because despite the fact that they would prove the same fact, the abuse of authority, Juan Ilaquita Quispe was investigated, processed, and acquitted by a military court in a judgment issued on August 19, 2004, since the crime of serious injuries is a crime within the jurisdiction of the ordinary courts from which a final judicial decision has not been issued.6 IV. ANALYSIS A. The Commission’s ratione loci jurisdiction ratione personae, ratione temporis, and 26. The Commission has jurisdiction to examine the subject matter of this petition, which refers to alleged violations of rights established in Articles 5, 8, and 25 of the American Convention, considered in relation to Article 1(1) of that Convention, and violations of the Inter-American Convention to Prevent and Punish Torture. 27. The petitioner is authorized by Article 44 of the American Convention to lodge complaints with the IACHR. The petition indicates that the alleged victim is an individual, in respect of whom Peru has undertaken a commitment to respect and guarantee the rights enshrined in the American Convention. The Commission there has personal jurisdiction to examine the petition. 28. The State of Peru has been a party to the American Convention since July 28, 1978. Furthermore, Peru ratified the Inter-American Convention to Prevent and Punish Torture on March 28, 1991. The petition in question refers to events that occurred after the date that these international instruments were ratified. 29. The Commission has jurisdiction of place to consider the petition, because it alleges violations of rights protected by the American Convention that took place within the territory of a state party to that agreement. B. Requirements for admissibility of the petition 1. Exhaustion of domestic remedies 30. Article 46 of the American Convention states as follows: 1. Admission by the Commission of a petition or communication lodged in accordance with Articles 44 or 45 shall be subject to the following requirements: a. that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law; 5 Article 121 – Serious injuries. One that causes serious harm to the body or health of another, will be punished by a deprivation of liberty of no less than three and no more than eight years. Serious injury includes: 1. That which puts the life of the victim in imminent danger. 2. That which mutilates a part or principal organ of the body or which makes that part or organ unable to function normally, which causes a person to be incapacitated for work purposes, which causes a disability or permanent psychological anomaly, or which permanently and seriously disfigures. 3. That which inflicts any other type of damage to bodily integrity or physical or mental health of a person that requires thirty or more days of treatment or rest, according to medical prescription. When the victim dies as a consequence of the injury and the agent could have prevented this result, the sentence will be no less than five but not more than ten 6 Report 18-2005-JUS/CNDH-SE/CESAPI, January 27, 2005, from the Peruvian government. 5